These are the Terms and Conditions of Sale for all programs and online courses (Programs) sold by Werkling Pty Ltd (ABN 75 638 605 302) trading as Werkling (Werkling, we, us) on our website, www.werkling.com (Website). 

By signing up to the Program, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions (Terms).

If you are not eligible to use the Program (as outlined in these Terms), or do not agree to the Terms, then you do not have our permission to use the Programs. 

1. PROGRAMS

You may sign up to the Programs via the Website. Your use of the Programs is subject to these Terms.

The Programs are provided by way of a subscription licence only, for a period three (3) months (Subscription Term). 

For any Self-paced programs, the three (3) month Subscription Term commences from the date of your payment being processed by Us. For Self-paced programs all material will be immediately available.

For any Live Cohort programs, the three (3) month Subscription Term commences from the Program kick off date, as advised to you at the time of sign up. For Live Cohort Programs, material will be released in weekly modules.

We are not obliged to pause, extend, transfer or continue access to the Programs beyond the relevant Subscription Term (applicable to the type of Program, either Self-paced or Live Cohort) for any reason, unless we agree to do so and you may be required to pay an additional licence fee (see clause 14). 

If you stop using the Programs before the end of the Subscription Term for any reason, we are not obliged to refund any portion of the Fee, unless to do so would be contrary to the Australian Consumer Law.

2. ELIGIBILITY

You must be at least 18 years old to use the Programs. By agreeing to these Terms, you represent and warrant to us that: 

(a) you are at least 18 years old; 

(b) you have not previously been suspended or removed from the Programs or any Werkling services; 

(c) your registration and your use of the Programs complies with any and all applicable laws and regulations in your country of residence; and 

(d) you do not offer services to clients which may compete with the Programs or any Werkling services, including, without limitation, career coaching or careers advice services, without our prior written consent, which may be given subject to you paying an accreditation fee (see clause 4 below for more information about the accreditation benefits).

If you are an entity, organisation, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. PAYMENT

You agree to pay us the price for the Programs listed on the Website (subject to  our term regarding accidental errors and omissions regarding pricing on our Website above) (Price). Prices are listed in Australian dollars (AUD) and exclude GST, unless otherwise stated on the Website. 

The payment structure for all Programs includes full-fee upfront payment. 

We’re not responsible for any issues, loss or damage arising out of third party payment gateways or providers (such as PayPal, Stripe, Apple Pay, Google Pay, etc.). If you have an issue with a third-party provider, please contact them directly.

If you fail to make the payment, or if any such payment is returned or denied for any reason, we may terminate or suspend your access to the Programs, at our absolute discretion, unless or until payment is received.

4. LICENCE

Regarding the Programs and any content contained within the Programs, and all associated intellectual property in accordance with these terms, we grant you a worldwide, non-exclusive, royalty-free, revocable licence to access, copy and store the content contained in the Programs in your device’s cache memory and to print pages from the content contained in the Programs for your own personal, internal business use, and non-commercial use. 

For clarity, we don’t grant you any other rights whatsoever in relation to the Website, the Programs or content. Specifically, you are prohibited from re-using, displaying, reproducing, modifying, adapting, performing or communicating to the public any content contained in the Programs, and commercial use of content contained in the Programs is strictly prohibited, unless you have been granted permission to participate in the Program as an accredited participant (see paragraph below).

If you are taking part in the Programs as an accredited participant (see paragraph 2(d)), which involves payment of an additional fee (Accredited Participant), you may use methods taught using the Programs as part of your commercial, individual, career advisory, coaching or consulting practice (or other similar services). You must still comply with the limitations set out in clause 13 (Intellectual Property).

Werkling can revoke this licence immediately and without notice if you use the content other than in accordance with this licence. 

5. DISCOUNTS

We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).

Some discounts may be offered for certain users, such as current Werkling members. If you do not meet the requirements to qualify for a discount, then you are not eligible for the discounted Price.

We reserve the right to revoke any discount offer at any time without notice. 

6. ACCESS

Once we’ve received your payment of the Price and confirmed your order, you’ll receive an email with your login details to access the Programs. For Live Cohort programs this access will commence on the advertised date. 

If you have any technical problems accessing your online account or accessing the material which forms part of the Programs, please contact us for assistance.

Your access will immediately be revoked on expiry of the Subscription Term.

7. CONDUCT

You agree to follow our rules for participation in the Programs. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.

Failure to comply with this clause amounts to a breach of these Terms and Werkling may suspend, cancel or limit your access to the Programs or terminate these Terms entirely. 

In addition to prohibited anti-social behaviour listed above, you also must not do any of the following when using the Programs:

• use the Program for any illegal purpose or in violation of any local, state, national, or international law;
• post content related to partisan political activities;
• violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
• interfere with security-related features of the Program , including by disabling or circumventing features that prevent or limit use, printing or copying of any content; 
• interfere with the operation of the Program or any user’s enjoyment of the Program , including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code into the Programs; or
• sell or otherwise transfer the access granted under these Terms or any content or any right or ability to view, access, or use any content made available via the Programs

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8. USER GENERATED CONTENT

Certain features of the Program may permit users to submit, upload, publish, broadcast, or otherwise transmit (Post) content to the Program , including messages, reviews, photos, video, or audio, images, folders, data, text, and any other works of authorship or other works (User Content). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Program , subject to the licences granted in these Terms.

You must not Post User Content if you are not the owner of or are not fully authorised to grant rights in all of the elements of that User Content. We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Program. 

We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. 

9. EVENTS BEYOND CONTROL

We will not be liable for any loss caused by any failure to observe the terms and conditions of these Terms, where such failure arises from causes beyond our reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

10.  ADVICE, INFORMATION AND INSTRUCTIONAL VIDEOS

We may give you advice, recommendations, information, instruction or assistance in relation to the Programs and in material provided to you through the Programs, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. 

The information, advice and instruction we give are general in nature and are not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary. 

Participation in the Programs does not guarantee any particular outcome, including your suitability for working as on-demand talent or a future portfolio career, as described in the Programs, nor does it guarantee securing future gigs, opportunities and engagement. Participation in the program does not guarantee a Werkling membership nor access to gig opportunities via Werkling or otherwise. 

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide in our Website or Program, unless otherwise required by law.

11. LINKED WEBSITES

In the Programs, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations and individuals. Please note that we may include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

Of course, because the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.

12.  AUSTRALIAN CONSUMER LAW

The Programs come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). 

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence. 

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Programs or the cost of having the Programs replaced, or such other remedy that we see fit.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).

13.  DISCLAIMER AND LIMITATION OF LIABILITY

Except as set out above in clause 13 (Australian Consumer Law), to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms.

Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Programs, Website or these terms and conditions (including as a result of not being able to use or access the Programs or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

We make the Programs available to you, however you use the Programs at your own risk. Everything in the Programs is provided “as is” and “as available” – we don’t make any representations or warranties of any kind.

We will not be liable for any direct damages exceeding the greater of: (a) the Fee; or (b) AUD$100. If for any reason you are not a consumer of Programs for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence. 

14.  REFUND POLICY

Refunds will only be provided in accordance with our obligations under Australian Consumer Law. We are not required to provide a refund if you change your mind about the Programs that you chose to enrol into.

If you are no longer able to attend the Live Cohort program, you may choose to switch to the Self-paced program. If you choose to do this, please contact us and we can switch your access, however, you will not be entitled to a refund for any difference between between the Price of the Live Cohort program and the Price of the Self-paced program.>

15. INTELLECTUAL PROPERTY

All content in the Programs and Website is subject to copyright and is protected by copyright under the laws of Australia internationally. Unless we say otherwise, all rights (including copyright) in the Programs and Website (including text, graphics, logos, videos, images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us. 

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled (Intellectual Property) before and after you enrol in the Programs will remain our sole property and that nothing in these Terms transfers any ownership in our intellectual property rights to you.

You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), subject to the limited licence granted to you in clause 4.

16.. CONFIDENTIALITY

You acknowledge that you may have access to certain confidential information of Werkling, including (but not limited to) technical information and know-how relating to the Programs, the Website and Werkling (Confidential Information). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of these Terms or thereafter, other than in connection with using the Programs, complying with these Terms, or with our prior written consent.

In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court. 

This clause survives the expiry or termination for any reason of these Terms.

You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.

17. RELATIONSHIP OF PARTIES 

The relationship between the parties is that of independent contractors and nothing in these Terms is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.

18. DISPUTE RESOLUTION

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

The party must inform the other party in writing of the following:

• the nature of the dispute;
• the outcome they desire to resolve the dispute, and
• the action they believe will settle the dispute.

On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.

If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Institute of Victoria appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Melbourne, Victoria.

The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under these Terms.

This clause survives termination of these Terms.

19. VARIATION

We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Programs will indicate your acceptance of the variations. 

Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under these Terms.

20.  SEVERANCE

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.

21.   ASSIGNMENT

The rights of each party under these Terms are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under these Terms with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under these Terms on giving you notice in writing.

22.  ENTIRE AGREEMENT

The contents of these Terms (including the Privacy Policy) constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of these Terms, whether orally or in writing.

23. WAIVER 

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

24. TERM 

These Terms commence on the date that you commence using or make payment for the Programs (whichever is earlier), and will remain in force until the earlier of: (a) the conclusion of a Subscription Term; (b) each party has fulfilled their obligations under these Terms, unless terminated earlier in accordance with these Terms or general law.

25.  TERMINATION

We may terminate these Terms (a) immediately on breach of these Terms by you; or (b) at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

26.  JURISDICTION

As we’re based in Victoria, these Terms will be governed by the laws of that state/territory. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.