Welcome to Unbreakable Enterprises

These terms and conditions (these Terms) govern your access to and use of the Services.

1. What these Terms do

- By registering for an Account with us and clicking to confirm you accept these Terms and/or continuing to use the Services following our notification of any changes to these Terms, you are agreeing to comply with them.

- If you do not agree with these Terms do not proceed with registering an Account and/or continue to use the Services, and if you already have an Account, please close or de-activate it.

- These Terms set out:

who we are;

the terms on which we provide the Services to you;

how to close your Account;

how changes can be made to your Account, the Services and these Terms; and

other important information.

- Your attention is particularly drawn to Condition 17 (Our responsibility to you) of these Terms, which sets out important limits and exclusions of our liability to you.

2. Who we are

- We are Unbreakable Enterprises Pty Ltd, a company registered in Tasmania, Australia ABN:

- To contact us, please do so in writing:

by e-mail to: [email protected]

by using the "Contact" submission form which can be found on our Site; or

by post at: 46 Canning Street, Launceston Tasmania, 7250.

3. Other terms that may apply to you

- These Terms refer to the following additional terms, which will also apply to your use of the Services and our Site:

our Privacy Policy which sets out details of how we collect, use and look after your personal data when you visit and use our Site and/or the Services; and

our Cookies Policy, which sets out information about the cookies on our Site and/or used with the Services.

- These additional terms can be found on our Site.

4. Definitions and Interpretation

In these Terms, the following words and expressions shall have the following meanings:

Account - the account created with our Site as part of our on-line registration process to access the Services;

Charges - all and any fees, charges, expenses or costs payable under or in connection with these Terms including for the Services;

Contract - the contract between you and us for the supply of the Services in accordance with these Terms;

Condition - a condition of these Terms;

Data Protection - all applicable data protection and privacy legislation in force from time to time in Australia;

Intellectual Property Rights - any and all copyrights, moral rights, related rights, patents, supplemental protection certificates, petty patents, utility models, trademarks, trade names, service marks, design rights, database rights, website rights, semi-conductor topography rights, domain name rights, rights in undisclosed information or confidential information, rights in get up, goodwill or to sue for passing off, unfair completion rights, and other similar intellectual property rights (whether registered or not) and applications for any such rights as may exist anywhere in the world;

Services - the online information, articles, digital content, Virtual Sessions and any other interactive functions, facilities and digital products we make available to accounts registered with us (including your Account) from time to time;

Site - includes:

www.unbreakable-resilience.com

and any other website in use by Unbreakable Enterprises from time to time;

Virtual Session - any virtual session provided by Unbreakable Enterprises accessible via our Site;

Virus - anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices, and Viruses shall be construed accordingly;

Working Day - a day other than a Saturday, Sunday or public holiday in Australia or Tasmania;

1. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

2. A reference in these Terms to:

a person shall include an individual, company, limited liability partnership, corporate firm, partnership, joint venture, association, trusts or unincorporated bodies and associations (whether or not having separate legal personality and that person's legal and personal representatives, successors or permitted assigns;

the singular shall include the plural and vice versa and a reference to one gender shall be a reference to the other gender and matter and vice versa;

a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and such statute or statutory provision shall include any subordinate legalisation made from time to time under that statutory provision;

writing or written excludes fax but includes email (for the avoidance of doubt, all emails need to be sent to the email address set out in Condition 2.2.1 with a read receipt); and

include, including and in particular or anything similar are illustrative only and none of them shall limit the sense of the words preceding or following them and each of them shall be deemed to incorporate the expression without limitation.

1. Your Account

- These Terms will come into effect at the time you click the "Accept" button when you register for your Account, and will continue until your Account is deactivated in accordance with Condition 15. Once you have completed the registration process, we will send you an email to confirm activation of your Account.

By signing up to an Account you are warranting that:

you are legally capable of entering into a contract with us; and

you are at least 18 years old.

2. Charges and Payment Terms

- The Charges payable for any Services purchased from us from time to time will be the price indicated on our Site at the time of purchase.

- You may pay the Charges either upfront at the time of completing the purchase or via a payment plan as indicated on our Site.

- Some of the Services we offer must be used within 6 months of the date of purchase, and will expire and no longer be capable of being taken after such time period. We will bring any time limitations to your attention at the time you purchase such Services.

- We take all reasonable care to ensure that the Charges displayed are correct. However, it is always possible that, despite our best efforts, some of the Charges may be incorrect. Where the correct price at the date of purchase is less than our stated price, we will charge the lower amount. If the correct price at the date of purchase is higher than the price stated, we will contact you for your instructions.

- Where you dispute or query the Charges payable by you, please contact us in writing in accordance with Condition 2.2 and we will use our reasonable endeavours to resolve your query directly with you. We would appreciate the chance to deal with your concerns before you approach your payment provider, so please contact us in the first instance. Where you do contact your payment provider, and instigate a payment dispute, you acknowledge that we may be required to provide evidence to such payment provider regarding your purchase of the Services and attendance to our Virtual Sessions in order to respond to such claim, and in that it is in our legitimate interest when responding to, defending and/or settling such claim to share such data with the relevant third parties. Please refer to our Privacy Policy for further information.

- Without prejudice to any other right or remedies that we may have, if you fail to pay any sums due to us, we may at our discretion suspend your Account and/or all or part of the Services until the payment has been made in full.

3. Cancellation of your purchase

- You may cancel your purchase at any time. Whilst we are committed to providing you with an enjoyable customer experience and will exercise discretion to grant a refund where we consider it reasonable to do so, you acknowledge and agree that upon cancelling your purchase we are under no obligation to issue any refunds for any digital content or services you have already received from us. Where you cancel your purchase, any outstanding sums due shall become payable by you within 30 days of such cancellation.

- We may cancel your purchase at any time by writing to you if:

you do not make any payment due to us when it is due and you do not make payment within 14 days of us reminding you that payment is due;

you do not, within a reasonable time of us asking, provide us with any information that is necessary for us to provide access to the Services to you; or

you are otherwise in breach of these Terms.

- If we cancel your purchase for the circumstances set out in this Condition 7, we will refund any money you have paid in advance for Virtual Sessions only, however we may make deductions from the amount refunded to you as compensation for the net costs we will incur as a result of you breaking these Terms.

4. Booking and cancelling a Virtual Session

Where your purchase of the Services incorporates Virtual Sessions, you can reserve an appointment with us to attend a Virtual Session (yourAppointment).

Where you are no longer able to attend your Appointment, we require 24 hours’ notice from you that you wish to cancel or reschedule your Appointment. To cancel or reschedule your Appointment, please contact us in accordance with Condition 2.2. You acknowledge and agree that where you do not provide at least 24 hours’ notice to cancel or rescheduled your Appointment, it will be considered as taken by you, and the Charges in respect of that Appointment same shall be non-refundable.

5. The Services

- We are committed to promoting an engaging experience for those who wish to build their resilience and confidence, and therefore provide the Services to enable you to make the relevant changes in your life to allow you to start making a positive lifelong change. Accordingly, you acknowledge and agree that:

in relation the Virtual Sessions, we are under no obligation to monitor or moderate any comments or submissions made by any participants during any Virtual Sessions;

the Services are for information purposes only and any information or digital content made available does not constitute financial advice, medical advice or professional treatment and is not intended to amount to advice on which you should rely. If you are suffering from any type(s) of mental health illness you must obtain professional medical or specialist advice before taking, or refraining from, any action on the basis of the digital content or information provided on our Site and via the Services;

the Services are provided on an “AS IS” and “AS AVAILABLE” basis only and therefore we do not warrant that your use of the Services will be uninterrupted or error-free;

we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and therefore the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities; and

although we make reasonable efforts to update the information provided on our Site and via the Services, we make no representations, warranties or guarantees, whether express or implied, that the content provided on our Site and as part of the Services is accurate, complete, or up to date.

6. Guarantee

- Unbreakable Enterprises do not guarantee that you will accomplish your desired results after receiving the Services. However, if you are not completely satisfied with the Services or feel that you have not attained the results which you had anticipated, please contact us and we may offer you the following options:

a full or partial refund of the Charges paid by you for the Services received; or

additional Services to assist you with achieving your desired results.

- For the avoidance of doubt, we are under no obligation to provide the options set out in Condition 9.1 which are provided at our entire discretion and are considered on a case-by-case basis.

7. Acceptable Use

- When attending a Virtual Session and/or accessing your Account you must:

access and use your Account and the Services in accordance with these Terms;

keep your password and login credentials for your Account secure and confidential;

use all reasonable endeavours to prevent any unauthorised access to, or use of, your Account, in the event of any such unauthorised access or use, promptly notify us;

not attempt to download, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of your Account, the digital content and/or any Virtual Session in any form or media or by any means;

not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of your Account (this means that you cannot attempt to take-apart or deconstruct any part of your Account and/or the software it comprises of);

not access all or any part of our Site, your Account and/or the Services in order to build a product or service which competes with our Site and/or the Services;

not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make your Account available to any third party;

not access, store, distribute or transmit, upload or allow to be uploaded to your Account and/or our Site any Viruses, or any material that:

- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

- facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence or is discriminatory;

- is discriminatory based on race, gender, colour, religious belief, sexual orientation of disability; and

- is otherwise illegal or causes damage or injury to any person or property;

ensure that when attending a Virtual Session, you behave in a way that is respectful, considerate and supportive to other participants of such Virtual Session. You acknowledge and agree that participants of our Virtual Sessions are entitled to feel welcome and able to discuss their thoughts and opinions on the relevant subject matter, and that you shall behave in a way that is conducive to a collaborative and respectful virtual environment and not make any submission which is defamatory, offensive, obscene, sexually explicit, discriminatory or likely to cause offence, embarrassment or annoyance to other participants.

8. Data and Privacy

- Under Data Protection Legislation, we are required to provide certain information about who we are, how we process personal data, for what purposes and confirm the rights of individuals in relation to their personal data and how to exercise them. This information is provided in our Privacy Notice (insert link to privacy policy page).

- You acknowledge that in order to gain access to your Account and the Virtual Sessions, we require certain personal information (your name and email address) which will have been provided to us either directly by you or a third party on your behalf. We will process such personal data in accordance with our Privacy Notice for the sole purpose of facilitating your access to your Account and the Virtual Sessions.

- If you choose or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other individual or third party.

- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

- By registering for an Account and/or using the Services, you agree to us collecting and using technical information about your devices and your use of the Services to improve the Services and to provide the Services to you.

9. Intellectual Property Rights

- We and/or our licensors own all Intellectual Property Rights in the Services and our Site. Except as expressly stated in these Terms, these Terms do not grant you any rights to, or in, any Intellectual Property Rights in respect of the Services and/or our Site.

- Subject to your payment of the relevant Charges, we give to you a licence to use the digital content provided as part of the Services that you have paid for provided that you comply with these Terms and subject to the following:

the licence granted to you is for your personal and domestic use only. You must not use any digital content for commercial, business or resale purposes;

the licence granted to you is non-exclusive. We may supply the same or similar digital content to other users;

you do not own the digital content but you may use it as set out in these Terms. You must not pretend that the digital content is your own or make it available to others to stream, or download or use;

you must not conceal, change or remove any markings which show who owns the digital content, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the digital content in a way that you are not allowed to.

- The licence granted under Condition 12.2 starts as soon as you complete the purchase for the Services.

- If you do not comply with any term in this Condition 12, we have the right to end the Contract with you and terminate the licence granted to you under Condition 12.2 immediately by sending an email to the address attached to your Account.

- If we end the Contract and terminate the licence granted to you in accordance with Condition 12.4:

you will not be entitled to a refund, and we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this Condition 12;

you must immediately stop using the Services;

we may remotely block your access to the digital content; and

we may delete or suspend access to your Account.

- You grant to us a perpetual, non-terminable, royalty-free right to use any comments you make, or content (in any form or media) you contribute to our Site, within any public announcement, marketing materials or any other statement or documents for publicity or promotional purposes.

10. Restricting your access to your Account and the Services

- We may (at our discretion) deactivate, suspend or terminate (for such time as we may consider appropriate) access to your Account and/or access to all or part of the Services, and/or the Contract at any time if you are in breach of these Terms and if such breach can be remedied, you fail to remedy the same when given a reasonable opportunity to do so.

- We may also suspend your Account and/or your access to the Services:

to deal with technical problems, make technical changes or for maintenance; and

to update your Account and/or the Services to reflect changes in relevant laws and regulatory requirements.

11. Closing your Account

You can close your Account by contacting us in writing [email protected]

On the deactivation or closure of your Account, all licences and rights granted to you under these Terms shall immediately cease and automatically terminate and you will no longer be able to login to your Account or access the Services you have purchased.

On the deactivation or closure of your Account, none of the rights, remedies, obligations or liabilities of you or Unbreakable Enterprises that have accrued up to the date your Account was closed (including the right to claim damages in respect of any breach of these Terms existing at or before the date your Account was deactivated or closed) shall be affected by such closure of your Account. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after closure of your Account shall remain in full force and effect.

12. Our rights to make changes

- We may amend or update these Terms from time to time to reflect changes in relevant laws, regulatory requirements, best practice or to deal with additional features which we may introduce to our Site or the Services. We will post the updates to this page on our website. You are responsible for reviewing these Terms and ensuring that you understand the basis upon which we provide the Services, therefore please check them regularly.

- By continuing to access our Site, your Account and/or the Services following our notice of any update to these Terms, you agree to such update and to comply with these Terms as updated or amended. If you do not agree to such update then please do not continue to access our Site, your Account, and/or use the Services and take the steps set out in Condition 15. to deactivate your Account.

- We may at our sole discretion update (either automatically or otherwise), modify, suspend or discontinue our Site and/or the Services at any time. We may automatically update our Site and/or the Services to improve or enhance functionality or address security issues.

13. Our responsibility for loss or damage suffered by you

- If we fail to comply with these Terms, we are responsible for loss or damage you suffer unless the loss is:

Unexpected: we are not responsible for any loss or damage that is not foreseeable or obvious and nothing you said to us at the time the Contract was made meant we should have expected it. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

Outside our control: we are not responsible for any loss or damage that is caused by an event, circumstances or causes beyond our reasonable control.

Avoidable: we are not responsible for any loss or damage was something which you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;fraud or fraudulent misrepresentation;

breach of your legal rights including the right to receive digital content which is: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care

- We only provide our Site and the Services for domestic and private use. If you use our Site or the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any such commercial, business or re-sale usage is strictly prohibited.

- Our total liability to you for failing to comply with these Terms, shall be limited to 100% of the Charges paid for the Services.

14. General

- Events outside our control. We shall not be deemed to be in breach of these Terms or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under these Terms due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

- Warranties. Except as expressly set out in these Terms, all warranties, conditions terms and undertakings, express or implied, statutory or otherwise are excluded to the fullest extent permitted by law.

- Assignment. You shall not be entitled to assign, charge or otherwise transfer these Terms or any of its rights or obligations under these Terms, sub-license the right to use your Account, the Services or hold the benefit of these Terms in trust for any other person without our prior written consent.

- Entire Agreement. These Terms and any documents expressly referred to in them contains the entire understanding between us and you and supersedes any subsisting agreements, arrangements, understandings, negotiations, discussions or correspondence (written or oral, express or implied) relating to the subject matter of these Terms. You acknowledge that you have not relied on any warranty, representation or undertaking (whether made innocently or negligently) which is not contained in or specifically incorporated into these Terms and your only remedy in respect of those representations, statements, assurances or warranties set out in these Terms will be for breach of contract, provided always that nothing in this Condition 18.4 shall exclude or limit our liability for any fraudulent misrepresentation or warranty fraudulently given and upon which you can prove you have placed reliance.

- Third Party rights. These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.

- Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

- Severance. If any provision or part-provision of these Terms becomes invalid, illegal or unenforceable, it shall be deemed deleted but it shall not affect the validity and enforceability of the rest of these Terms.

- Notices.

If we are providing notice to you, we shall send such notice to the email address registered under your Account. Notice can be provided to us in connection with these Terms by email [email protected]

Any notice shall be deemed to have been received the next working day.

This Condition 18.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

- Which laws apply to these Terms and where you may bring legal proceedings.

- We will try to resolve any complaints with you quickly and efficiently. If you are unhappy with any of the Services, please contact us as soon as possible.

- In circumstances where we cannot resolve the complaint, the matter can be referred to alternative dispute resolution where an independent party considers the facts of the dispute and seeks to resolve it without the need to go to court.

- If you want to take proceedings to court, these Terms are governed by Tasmanian and Australian law and you can bring legal proceedings in respect of the Services in the Tasmanian courts.