Beyond Incredible Group Website Terms

These Beyond Incredible Group (BIG) Website Terms (“Terms”) govern your order of the services and set out the terms on which you may use websites operated by Awareness Code Pty Ltd and any of its holding companies or subsidiary companies (“we”/“us”/“our”/“Awareness Code”) including but not limited to Awareness Code PTY Ltd, and any of our subsidiaries, sub-brands, subdomains and micro-sites (the “Site”) and are in addition to the EULA terms of our Awareness Code App (“EULA”). To the extent of any inconsistency between these Terms and the EULA, the latter shall prevail.

We recommend that you print a copy of these Terms for future reference.

You should read these Terms together with our Privacy Policy (available here) carefully before using our Site, as by using our Site you are confirming that you accept these Terms and Privacy Policy and that you will comply with them.

If you do not agree to anything within these Terms and Privacy Policy you should leave our Site immediately.

You are responsible for ensuring that anyone else who accesses our Site through your internet connection is aware of these Terms and the Privacy Policy and that they comply with them. 

About us

AWARENESS CODE PTY LTD is a company incorporated in Australia and having ACN 646 507 673 and its registered address at Office 1 Level 1, 343 Pakington Street, Newtown, VIC 3220, Australia.

How to contact us

You may contact us by emailing admin@awarenesscode.com

Post: FAO: Awareness Code Pty Ltd, Office 1 Level 1, 343 Pakington Street, Newtown, VIC 3220, Australia.

Information about these Terms

These Terms together with our Privacy Policy form a legal contract between you, the user, and us and apply between you and us in relation to any use which you make of the Site.

We may revise these Terms from time to time in order to reflect (i) any changes in relevant laws or regulatory requirements (ii) any changes to the Site and/or the services that are necessary to make as a result of changes to the way we receive services from our third party suppliers or (iii) any modified or additional services we may cease to make available or make available and which you agree to receive.

You should therefore check these Terms whenever you use our Site to see whether any changes have been made, as these will be binding on you.

We also make changes to our Privacy Policy from time to time, so you should also check this regularly to see whether any changes have been made.

You can choose to cancel the services contract by notifying us by email via admin@awarenesscode.com if such changes materially disadvantage you.

Geographical restrictions

Awareness Code’s services available through the Site are available worldwide. Users access our Site and the services on their own initiative and are responsible for compliance with local laws, including without limitation data protection and privacy laws and laws relating to copyright of content.

Services access

Awareness Code grants you a limited, personal, non-exclusive, non-commercial, revocable without notice, non-assignable and non-transferable licence to download, view and use the Site only for your personal, non-commercial use.

Other than as we may enable you to share the Site or any services that we provide via the Site through social media feeds or otherwise express a “like” in respect of any of them, you may not: (i) re-publish in any way, including without limitation, any web-pages, code, logos, images, concepts or other items or materials from the Site (including republication onto another website); (ii) sell, rent or otherwise sub-license any web-pages, code, logos, images, concepts or other items or materials from the Site; (iii) reproduce, duplicate, copy or otherwise exploit any web-pages, code, logos, images, concepts or other items or materials from the Site for a commercial purpose; or (iv) edit or otherwise modify any web-pages, code, logos, images, concepts or other items or materials from the Site, unless authorised by us in writing in advance of editing, modification and/or publication. We may terminate this licence at any time without notifying you and without any liability for such termination.

Becoming a user

When you register to use any Awareness Code service that is provided online, you will be required to complete an online form and accept these Terms and our Privacy Policy.

Once you have registered, you will receive an order confirmation email from us which will confirm your order.

As part of your becoming a user you will provide us with certain personal information when prompted to do so, in order to enable your account to be created. We will use that information in accordance with our Privacy Policy.

If you think that somebody else might know your username or password you must log in to your account and change this as soon as possible.

Information about Awareness Code’s services

Awareness Code provides business consultation, business management training, self-development and leadership training services. 

Paying users may use this content for their own use and may not: (i) share their username and/or password with anyone; (ii) reproduce any element of the site including, but not limited to, web-pages, code, logos, images, concepts or other items or materials; (iii) rip, record, download, convert, transcribe or in any other way produce a reproduction of any part of whole of any video asset hosted on the Site. Any breach of these, or any other, Terms may result in the termination of your membership without refund.

We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or loss of reputation that is a result of any of our products or services.

We will keep Personal Information (“PI”) of people who have purchased our services and/or subscribed to our emails regarding any of our products or services. We may use this PI for the purposes of market research and for sending you information which we would reasonably believe to be of interest to you.

We may, from time to time, contact you for comments, suggestions and/or ideas regarding our products and services. Any comments, suggestions and/or ideas that you communicate to us may be used by us to improve our products and services, and we will not be required to offer you payment, a share of profit or any form of remuneration for said comments, suggestions and/or ideas.

We may, from time to time, contact you for feedback, testimonials and/or ratings regarding our products and services. Any feedback, testimonials and/or ratings that you communicate to us may be used by us to improve our products and services, and we will not be required to offer you payment, a share of profit or any form of remuneration for said feedback, testimonials and/or ratings. Furthermore, we may publish, cause to have published or share with third parties any feedback, testimonials and/or ratings that you communicate to us in whole or in part and we may modify your feedback, testimonials and/or ratings so as to correct, shorten, clarify or otherwise modify your feedback, testimonials and/or ratings without your prior written approval of said modifications. Your feedback, testimonials and/or ratings may be published along with your name, location and other PI.

Payment for orders

If you place an order through our Site you will be required to settle the balance up front and in full. You will not be able to receive the product or services until we receive payment in full, unless otherwise agreed in writing. We will inform you of the charges for the product or service prior to placing an order with us.

Your rights to cancel

Australian Consumer Law states that if you have a major problem with a service or a minor problem that can't be fixed within a reasonable time you have the right to cancel a service contract, when it is: (i) provided with an unacceptable level of care and skill (ii) unfit for the purpose you asked for, or (iii) not delivered within a reasonable time when there is no agreed end date, we should give any refunds in the same form as your original payment.

How to cancel your services

  • You may delete your account and end your ongoing registration at any time and for any reason by sending an email to admin@awarenesscode.com.

  • Your PI may still be held on our servers in accordance with our Privacy Policy even if you cancel your services for the purposes of accounting, historic records, research and other.

 

Our rights to cancel the products or services

If we find that you have breached these Terms, Awareness Code may terminate your use of the Site, your account and/or registration for any reason at any time without any liability to you. In addition we may take such other actions including, without limitation, legal action as we consider appropriate.

If you breach any term of these Terms or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach, PI and any other information we consider necessary to relevant law enforcement authorities

Complaints and disputes

If you are unhappy with the services, our service to you generally, our products or any other matter, you can complain by emailing us at admin@awarenesscode.com.

  • We will try to resolve any disputes with you quickly and efficiently.

  • If you and we cannot resolve a dispute, we will let you know that we cannot settle the dispute with you and give you certain information required by law about the consumer ombudsman.

  • Nothing in these Terms affects your legal rights under Australian Consumer Law. You may also have other rights in law.

 

Your acknowledgments

  • By placing your order, you promise and represent to us that you are legally capable of entering into this binding agreement between you and us, and that you are at least 18 years old or the minimum age for entering into a binding agreement as your region, country and/or state requires, whichever is the greater.

  • If you have any further questions, please email admin@awarenesscode.com.

 

Limitation of liability

Due to the inherent nature of the internet, errors, interruptions and delays may occur at any time with your use of the Site. Accordingly, We cannot be held liable for any such errors, interruptions or delays.

  • Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of the State of Victoria, Australia.

  • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence (but we are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Terms contract. Our maximum aggregate liability will be limited to the cost of the price paid for the services.

  • Please note that we only provide our Site, products and services for domestic and private use. You agree not to use our Site and any services provided for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or loss of reputation.

  • We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

 

Indemnity

You agree to indemnify Awareness Code, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (ii) any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so and any breach by you or your agents of these Terms; and/or (iii) any breach of the Terms.

 

Changes to or removal of user information

If you should need to update your user information, please access the relevant functionality on our site or contact admin@awarenesscode.com for assistance.

You may request the deletion of your user information by us, but note that we may be required, by law or otherwise, to keep certain information and not to delete it or to keep this information for a certain time, which in case we will comply with your deletion request only after such time has passed.

We may allow you to supply content for the Site or its functions that can be accessed and viewed by others (e.g. comments). You agree not to post or send any content that violates these Terms or applicable law. Content that violates applicable rules may be removed.

When we delete user information, it will be deleted from the active database, but may remain in our archives and we may also retain anonymised data about your use of our service.

We employ reasonable technical, organisational and physical security methods to help protect against unauthorised access to user information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that Awareness Code makes no warranty, guarantee, or representation that use of any part of our Site is protected from viruses, security threats or other vulnerabilities.

Please report any breach of security of which you may become aware by email to admin@awarenesscode.com.

 

Intellectual Property Rights

“Licensors/Suppliers” refers to any and all third parties who make available to Awareness Code (pursuant to a licence or otherwise) content/materials including without limitation, their proprietary photos, videos, audios, comments, writings, names, likenesses, voices, performances, biographical materials, computer-generated images/artwork, liner notes, and other graphical or textual materials in any media format, products or services for use, deployment, display, performance and/or distribution via the Site; and further includes any third parties that place, display or distribute content/materials including without limitation advertising, promotional or sponsorship materials on the Site or via any of our products and/or services.

Unless otherwise stated, Awareness Code and/or its Licensors/Suppliers own all right, title, and interest (including all copyrights and other intellectual property rights) in the Site and any products and/or services we provide and in all items and materials comprised in them. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Site and any services we provide or materials comprised in them.

Awareness Code is our registered trade mark and you shall not use a similar mark or attempt to dispute ownership in our trade mark.

If you post any content on any area of the Site, you grant us the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

 

Confidentiality

By accessing our Site, you agree to keep all materials that are available only to users confidential.  You agree not to disseminate or otherwise provide any material or teaching obtained from the user area of the Site to any person not currently a user or who is a user.

 

Our Site and its content

We do not guarantee that access to Our Site, or the content on it, will always be available or uninterrupted.  Your right to access Our Site is given on a temporary basis only.

We reserve the right to change our Site and the content on it, including without limitation by adding or removing content or functionality, at any time. For the avoidance of doubt, this includes our Awareness Code App.

We do not guarantee that Our Site will be secure or free from bugs or viruses. Downloadable items may be made available by us and if so, are provided to you on an ‘as is’, ‘as available’, ‘with all faults’ basis. We make no representations or warranties to you as to the quality or otherwise of these downloadable items.

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.

 

Linking

We may enable you to share the Site and any services we make available (or any part of them) via social media feeds, or otherwise express a “like” in respect of any of them. Accordingly, this clause applies, subject to any such facilities:

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it’

  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page;

  • We reserve the right to withdraw linking permission to our Site at any time and without notice;

  • The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy, below;

  • If you wish to make any use of content on our Site other than that set out above, please contact admin@awarenesscode.com.

  • Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents, all of which belong to applicable third party providers. We have no control over, do not review and cannot be responsible or liable for these third party websites or their content.

  • You access any such other websites linked to the Site at your own risk. When leaving our Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third party’s website.

 

Acceptable Use Policy

You agree not to use the Site or services to: (i) breach any applicable laws or regulations that apply to your region, country and/or state or those of us or any users; (ii) to stalk, harass or harm another individual, collective of individuals, company or any other entity; (iii) collect or store personal data about other users; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (v) interfere with or disrupt the Site or services or any connected servers or networks or breach any policies or regulations of such networks.

You may not reverse engineer, disassemble, decompile, or translate any components of the Site or services, attempt to derive the source code of any components of the Site or services, or authorise or assist any third party to do any of the foregoing. This includes viewing so-called ‘Page Source’ or ‘Inspector’ information using Chrome, Firefox or any other browser or tool.

You may not: (i) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM); (ii) use any high volume, automated, or electronic means to access the services (including without limitation robots, spiders or scripts); (iii) frame the Site, place pop-up windows over its pages or otherwise affect the display of its pages; or (iv) embed the Site within your website or cause our Site to be embedded in any website, except for as previously mentioned.

We may change the parameters of any acceptable use policies we may establish from time-to-time governing your conduct as a user.

In addition to the above, you agree that you will not: (i) create a false identity for the purpose of misleading others or use the Site or any service in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libellous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive; (ii) infringe someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights; (iii) use the Site or any Service for unsolicited commercial or non-commercial communication; (iv) interfere with others using the Site; (v) use the Site in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment; (vi) disrupt, interfere or inhibit any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services; (vii) use any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any part of the Site and/or services; (viii) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (ix) attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the services and/or the Site; or (x) systematically collect or use any content from the Site or service, including through the use of any data mining, or similar data gathering and extraction methods whether legal or illegal in your region, country and/or state.

 

Force Majeure

In these Terms, a Force Majeure Event shall mean any cause, event or contingency beyond our reasonable control including acts of God, outbreaks of hostilities, epidemics and pandemics, riots, civil disturbances, fire, explosion, flood or severe weather, power failure, failure of telecommunications lines (including IT/data links), theft, and/or malicious damage.

If we are prevented or delayed in carrying out any of our obligations under any engagement by a Force Majeure Event we shall use all reasonable endeavours to mitigate the effects of such Force Majeure Event but we shall not be under any liability to you for any losses howsoever caused as a result of such Force Majeure Event.

 

Law and Jurisdiction

If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by the laws of the State of Victoria, Australia and the Australian Consumer Law. If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of the State of Victoria, Australia. We both agree to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

 

Breaches

Please report any breaches of these Terms to admin@awarenesscode.com.

Last modified on 3 September 2021