Terms + Conditions
WEBSITE TERMS AND CONDITIONS ('TERMS') – TRAINING WORKSHOPS
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. Who we are and how to contact us
1.1 www.careplantraining.com is a website (‘Website’) operated by Steffilois Ceballos trading as [Care Plan Training] ABN 58 872 807 103 (‘ER, we, us and our’).
1.2 To contact us, please email info@careplantraining.com or telephone our customer service line on 0459353212
1.3 Reference to the Website, includes the nurse led structured training services, which we may provide in a workshop format, or via other medium in accordance with these Terms (‘Services’).
2. By using our Website you accept these Terms
2.1 By using our Website and Services, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. You agree you are at least 18 years old to make any purchases on our Website.
2.2 We are the owner or the licensee of all intellectual property rights in our Services, Website, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.
3. We may make changes to these Terms
3.1 We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.
3.2 These Terms were most recently updated on 19th January 2024.
4. Our Services
4.1 ER may provide training workshops or events that are run and hosted by us (“Training”). Each Training will focus on the preparation of care plans and health assessments within the nursing practice of chronic disease management.
4.2 We will perform the Services with reasonable skill and care and in accordance with these Terms and all relevant laws.
4.3 As part of the Training you will be provided access to a comprehensive manual that cover the key concepts, theories, and practical aspects of the Training (“Manual”). The Manual serves as a reference guide for participants during the Training sessions. If you would like to retain a copy of the Manual following the Training, you may purchase an online copy of the Manual in accordance with clause 6.
4.4 We and our personnel deliver the Training. Where we are unable to deliver the Training for any reason, we reserve the right to deliver the Training through a substitute or an alternative service provider.
4.5 Completion of the Training will not result in any formal qualification. The Training is informational only and is not provided by a registered educational institution.
5. Training
Booking
5.1 You may make a booking for the Training via our Website (“Booking”). By making a Booking, you agree that:
(a) You will pay the nominated price for the Training at the time of purchase, plus any booking and any credit card surcharge or administration fees;
(b) your booking at the Training is confirmed once you have received an email notification and receipt from us;
(c) entry to the Training will be permitted on presentation of your booking confirmation; and
(d) Training prices may be subject to change and we will use best endeavours to inform you of any changes.
5.2 As part of the Booking process, or as part of your continued use of the Training, you may be required to provide personal information about yourself (such as identification or contact details). You must tell us if these details need to be updated.
Refunds, Credits and Transfers
5.3 If you cancel your Booking within the Cancellation Notice Period of at least 48 hours prior to the workshop, we will give you a full refund of your Booking price through our booking platform.
5.4 No exchange, credit or refund will be given for any cancellations that are not made within the Cancellation Notice Period. No refund or credit will be provided if you did not enjoy the Training, arrive late, or are unable to attend the Training. Bookings are non-transferrable.
Training Cancellation, Rescheduling or Postponement
5.5 If the Training is postponed by us, your Booking will be automatically transferred to the new date for the postponed Training.
5.6 If the Training is cancelled by us we reserve the right to either:
(a) automatically transfer the Booking to a new date for the Training; or
(b) provide you a refund of the Booking price.
5.7 We will use reasonable endeavours to notify you of any cancellations, rescheduling or postponements of the Training through email, however it is your responsibility to ascertain whether a Training has been cancelled, rescheduled or postponed. Any refund or credit issued to you under this clause will be your sole remedy for a postponement or cancellation of the Training and we will have no further liability to you in respect of any cancellation, rescheduling or postponement of a Training for any reason.
Variation of Training
5.8 We reserve the right to vary the Training, including the delivery method if required due to circumstances beyond our control.
5.9 If the Training is varied in accordance with this clause, no refund or credit will be provided under these circumstances. We will use reasonable commercial endeavours to notify you as soon as reasonably possible of the variation details and specifications if this is to occur.
Your obligations at the Training
5.10 When attending a Training, you agree to:
(a) behave in a professional and appropriate manner at all times during the Training;
(b) actively participate in the Training and assessments;
(c) not attend the Training if you have any symptoms of cold, sickness or flu, regardless of whether or not you have been tested for COVID-19;
(d) leave the Training if we make a request that you do so due to unacceptable behaviour at our absolute discretion; and
(e) not use any camera, audio or video recorders at the Training.
5.11 We reserve the right to refuse entry or require you to leave the Training if your behaviour is deemed unacceptable at our absolute discretion.
Photography and Recording Release
5.12 We may take photographs (“Photographs”) and recordings (“Recordings”) at the Training. You agree that:
(a) accepting these Terms means you consent to being filmed or photographed by us (or our representatives) and for us to use your name, likeness, image and/ or voice in such photographs or films for the purposes of promoting our Trainings, services and products;
(b) no remuneration is payable to you for our use of such Photographs and Recordings;
(c) you release us from any infringement or violation of personal and or property rights of any sort based on our use of such Photographs or Recordings; and
(d) we are not obligated to use any Photographs or Recordings.
5.13 If you do not wish to be photographed or recorded at the Training, you must advise us prior to the start of the Training. However, note that we cannot and do not guarantee that you will not appear in the background of a Photograph or Recording and we reserve the right to refund your Booking at our discretion if this is not feasible.
Trainings Disclaimer
5.14 You agree to attend our Trainings on the basis that we do not guarantee any specific outcome or result with respect to your attendance and participation in the Training. Individual participant results may vary based on factors beyond our control.
5.15 The Training content is intended for educational purposes only and should not be considered a substitute for professional advice. Where required, you should seek relevant professional advice for your specific situations.
5.16 The Training content, schedule, and materials are subject to change without prior notice. We reserve the right to modify, suspend, or cancel any aspect of the Training.
6. Manual Purchasing
6.1 When you elect to subscribe to have access to the Manual you enter into an agreement to receive the Manual on an ongoing basis, until terminated in accordance with these Terms (“Subscription”)
6.2 You agree to subscribe to the minimum term as stated in the subscription package you have chosen (“12 months”). You may not terminate before the end of the Subscription Period. At the end of each Subscription Period, we will provide you with reasonable notice of expiry, and give you an option to cancel. If you do not cancel, your subscription will renew for a further Subscription Period.
6.3 Where you have an active Subscription, you must adhere to the following terms:
(a) access and use of the Manual is limited, non-transferable and allows for the sole use of the Manual by you for your internal business purposes;
(b) you may not share your access to the Manual with any other person or entity;
(c) you may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content of the Manual without our prior written consent;
(d) you may not use the Manual for any commercial use, without our prior written consent;
(e) you must not use the Manual in any way that causes or is likely to cause the Manual, or access to it, to be interrupted, damaged or impaired in any way; and
(f) you have the sole responsibility for protecting the confidentiality of your password and/or email address used to access the Manual. Use of your password by any other person may result in the immediate cancellation of the Services;
6.4 If you breach any of these terms, we may immediately terminate your access to the Manual and cancel your Subscription without notice. All other rights are reserved.
6.5 You agree to pay the current subscription fee in place for the Services as notified by us from time to time (‘$299’). Payment for Subscriptions Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via Visa, MasterCard debit or credit cards or via Stripe. We will suspend your subscription if the Subscription Fee is not paid in advance.
6.6 You expressly authorise us to automatically charge your credit or debit card for each Subscription Fee, without further authorisation from you.
6.7 You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on that third party website.
6.8 Should we consider it necessary to vary the Subscription Fee at any time, we will provide you with reasonable notice and you may elect to cancel before the changes take effect.
7. Intellectual Property
7.1 All intellectual property rights in the Services, the Manual, Website, and any materials published on it are owned by ER, unless otherwise stated. Nothing in these Terms transfers any rights to you. All such rights are reserved.
7.2 You acknowledge and agree that the Manual and any content, presentation slides, handouts, worksheets, videos, assessments, other learning materials or any other materials created by ER during the provision of the Services ("Materials") are the exclusive property of ER.
7.3 Subject to clause 6, ER grants you a limited, non-exclusive, non-transferable license to use the Materials solely for your personal and non-commercial purposes in connection with the Services and in accordance with these Terms.
7.4 You shall not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any Materials without the prior written consent of ER.
7.5 Any unauthorised use of the Materials may violate copyright laws, trademark laws, trade secret laws, and other applicable laws and may result in civil and criminal penalties. You agree to promptly notify ER of any unauthorised use or infringement of the Materials that comes to your attention.
7.6 You hereby assign and transfer to ER all right, title, and interest in and to any intellectual property rights that you may have in any feedback, suggestions, ideas, or improvements relating to the Services or the Materials, whether or not incorporated into the Services or the Materials.
8. Privacy & Confidentiality
8.1 ER takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to ER's Privacy Policy, which is available on the Website.
8.2 We and you agree to use each other’s Confidential Information only in relation to the Services, and not to disclose it without prior written consent, except where required by law or regulation.
9. Competitors
9.1 If you are in the business of providing similar training to consumers for a commercial gain, whether business consumers or domestic consumers, then you are our competitor. Competitors are not permitted to use or access our Training, Website and Materials. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
10. General Disclaimer
10.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.1 Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
10.2 ER provides Training Services for educational purposes only. While we strive to deliver high-quality and relevant content, we do not make any warranties or representations regarding the fitness of our training for a particular purpose. Specifically:
(a) we do not warrant or guarantee that our training will meet the specific needs, requirements, or expectations of individual participants. The content is delivered on an "as-is" basis;
(b) you are solely responsible for determining whether the training is suitable for your intended purposes. It is your responsibility to assess the appropriateness of the training content for your individual needs and circumstances.
(c) our training is designed to provide general educational information and is not tailored to address the specific situations, challenges, or requirements of any particular participant.
10.3 By using our Services, you agree that ER is not to be held liable for any decisions you make based on any of the Services, information, materials or guidance and any consequences, as a result, are your own. Under no circumstances can you hold ER liable for any actions you take, nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by ER.
10.4 All our information on both the Website and in Services is informational only, not tailored to your specific circumstances and intended to assist you and does not in any way, nor is it intended to substitute professional medical advice. Results are not guaranteed and ER takes no responsibility for your actions, choices or decisions.
11. Limitation of liability
11.1 ER's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed 5x the Fees paid under these Terms.
11.2 You agree that we will not be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
11.3 Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
12. Termination of Contract
12.1 The Terms will continue to apply until after the Service has been provided or until terminated by either you or by ER as set out below.
12.2 If you want to terminate the Subscription, you may do so by:
(a) providing ER with 7 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where ER has made this option available to you.
Your notice should be sent, in writing, to ER via the 'Contact Us' link on our homepage. Any monies paid in advance will be non-refundable, unless otherwise set out in clause 5.2.
12.3 ER may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) ER is required to do so by law;
(c) the provision of the Services to you by ER is, in the opinion of ER, no longer commercially viable; or
(d) ER provides you with 30 days' notice of your intention to terminate.
12.4 Subject to local applicable laws, ER reserves the right to discontinue or cancel your subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services if you breach any provision of the Terms or any applicable law or if your conduct impacts ER's name or reputation or violates the rights of those of another party.
13. We may make changes to our Website
13.1 We may update and change our Website from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities.
14. We may suspend or withdraw our Website
14.1 Our Website is made available free of charge.
14.2 We do not guarantee that the Services, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.3 This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or Services.
15. We are not responsible for viruses
15.1 We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
15.2 You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
16. We are not responsible for websites we link to
16.1 Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.
17. General
Disputes: In the event of any dispute, the parties agree to mediate before proceeding to litigation.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services or delivery of Materials or deliverables.
Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.
Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms form the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.
Governing Law and Jurisdiction: These Terms govern the use of our website and any dispute arising from them will be subject to the laws of Queensland, Australia. The courts of Queensland, Australia will have exclusive jurisdiction over any disputes.