Last updated on 31 May 2024

TERMS AND CONDITIONS

These terms apply when you sign up for any of our online courses through our website, being www.thesydneyteacher.com, www.jessicastedman.com and any other websites we operate with the same domain name and a different extension (Website).

1. how to read these terms

In these terms, we refer to Jessica Stedman trading as Stedman Holdings ABN 34 678 652 867 as “our”, “we”, or “us”.

To make it easier for you to understand the terms on which we provide, and you use, the Online Course, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Online Courses” in these terms, we mean our Teacher Seller Masterclass and any of the services provided during an Online Course, including access to our content and associated materials (Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

1. ACCEPTING THESE TERMS AND CONDITIONS

Before you enrol for one of our Online Courses, or otherwise engage with an Online Course, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in an Online Course. By clicking “accept” when you create an account, or otherwise proceeding to engage with an Online Course, you agree to be bound by these terms.

1. Enrolling for the Online Course
   1. To enrol into the Online Course, you will need to create an account (Account) and pay the Fees (as defined in clause 6(a)(i)).
   2. By creating an Account and paying the Fees or otherwise accessing the Online Course (Course Enrolment) you represent and warrant that:
      1. you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
      2. you are authorised to use the debit or credit card you provide for your Course Enrolment.
   3. Enrolling in the Online Course constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
   4. These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
2. OUR COURSE
   1. Course details
      1. The Online Course is designed to teach you how to start and run an online business on the website ‘Teachers Pay Teachers’
      2. Once we have received payment of the Fees you will be granted access to the Online Course. The Online Course is provided in a combination format of pre-recorded video and downloadable materials, to be viewed online through your Account.
      3. You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.
   2. one-on-one sessions
      1. The Online Course may include small group classes conducted via video chat sessions (Sessions).
      2. It is your responsibility to ensure you attend your Session at the agreed time. The Session will start and end at the scheduled times, regardless of whether or not you attend the Session on time. You will not be entitled to a refund in respect of your Session on the basis that you failed to attend.
      3. Your Session will occur via a third party online video conferencing application (Session Platform), which we will notify you of prior to your Session. We recommend downloading the Session Platform prior to the Session’s scheduled start time. You agree to the Session Platform’s terms and conditions, and its policies apply to our provision of the Sessions to you.
      4. Any technical or other issues with the Session Platform should be directed to the Session Platform to troubleshoot the issue. We will not be liable for any loss or damage suffered as a result of or in connection with issues on the Session Platform.
      5. If you have booked in a time for a Session on the Website but are unable to attend, you will be provided with a recording of the Session after it is conducted.

1. course material
2. Our Online Courses will contain Material, in which The Sydney Teacher owns or licenses the Intellectual Property Rights (Course Material). Course Material may include videos, e-books made up of web pages, text, graphics and images, to be viewed online through your Account.
3. We retain ownership of the Course Material and all materials on our website (including text, graphics, logos, design, icons, images, sound and video recordings, and software) and reserves all rights in any Intellectual Property Rights owned or licensed by us not expressly granted to you.
4. You may make copies of Course Material for your own personal use (not including any Material in connection with One-on-one Sessions that is not available elsewhere). You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish any Course Material, without prior written consent from us or as permitted by law.
5. Your account and licence
   1. Your Account will be valid from the date of your Course Enrolment for the life of the platform and you will be able to access the Course Materials while the platform is operation, however, we do not guarantee or warrant that the platform will be accessible indefinitely and may cease operation of the platform at any time in our absolute discretion (Account Term).
   2. You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes on the dates outlined in the Course details, during the Account Term.
   3. You must not give access to your Account to any other person.
   4. We may revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms (including by not paying Fees on time if paying by instalments).
   5. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
6. PAYMENT
   1. All Fees are:
      1. as displayed and accepted by you at the time of checkout (Fees);
      2. in Australian Dollars; and
      3. subject to change without notice prior to your Course Enrolment.
   2. (Payment obligations) You must pay the Fees in full at the time of your Course Enrolment, or via instalments if provided for by us.
   3. (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
   4. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
   5. (Card withholding) Where you choose to pay by instalments, we reserve the right to withhold your payment details via any Payment Provider.
   6. (Course access) Where you choose to pay by instalments, we will make 3 attempts (over a period of approximately 7 days) to process any payment due and, where we are unable to process a payment after 3 attempts, access to the Course and any other relevant goods or services will be revoked. Where you are able to pay the full amount due within 14 days of having access revoked, we will reinstate your access to the Course and any relevant goods or services.
   7. (Online payment partner) We may use third-party payment providers such as Stripe (Payment Providers) to collect payments for the Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible here and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
   8. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
7. VOUCHERS and Discount Codes
   1. We may provide promotional offers and codes offering a discount on the Online Course (Voucher). To use a Voucher, you will need to enter its code at checkout.
   2. A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
8. online forum
   1. For the duration of the Course we will provide an open form via Facebook for yourself and other members of the course to ask questions and request feedback from us (Forum).
   2. The Forum will only be attended to by us during the Course and, once the Course has ended will no longer be attended to by us.
   3. When providing or posting any information to the Forum, you agree, represent and warrant that:
      1. the content will be free from harmful content;
      2. the content does not infringe any intellectual property rights; and
      3. the content complies with all applicable laws.
   4. You grant to us a licence to use any material you post to the Forum for the purposes of the Course and indemnify us against any third party claims regarding intellectual property rights infringement in relation to material you post to the Forum.
   5. We reserve the right to remove any material posted to the Forum that breaches these terms.
9. DISCLAIMER
   1. (No Advice) While our Online Courses have been prepared with every effort to help you build your business, The Sydney Teacher does not provide any legal, accounting, financial or other professional advice. Any information provided as part of an Online Course or on the Forum, including any materials provided to you or any materials shared on any forum, is not intended to be professional advice of any kind and should not be relied on as such. The information provided in an Online Course is general in nature and is only designed to train you on how to [insert] as part of your current or future business.
   2. (No guarantee of results) Our Online Courses do not take into account your personal circumstances or specific goals. Many factors will be important in determining whether you achieve any actual results in relation to your business and there is no guarantee that you will be able to achieve a particular outcome or goal (whether communicated to us or not) within any timeframe or at all. You recognise that any business endeavour has an inherent risk for loss of capital. We make no express or implied claims that you will make money as a result of using an Online Course.
   3. (Reliance on information) You should obtain appropriate financial, legal and other professional advice before relying on the information, including any content or materials provided during an Online Course or on the Forum. You acknowledge and agree to make your own independent assessments and enquiries before relying on an Online Course to make any decision or to make a decision about your business. We make no representation or guarantee that an Online Course will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in an Online Course you will achieve any particular outcomes. You should not act on any information provided before you have formed your own opinion through investigation and research as to the suitability of such information for your circumstances.
   4. (Risk) We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your business or otherwise are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in an Online Course may not meet your specific needs, circumstances or goals.
10. COLLECTION NOTICE AND PRIVACY
    1. We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
    3. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
    4. You acknowledge and agree that, in the course of providing you with an Online Course or associated services, we may collect information about your business, including financial information, information about your personnel and potentially client information. We will only collect this information if you consent to provide us with it. If you are providing us with information about your personnel and clients, you acknowledge and agree that you are responsible for ensuring they have provided their informed consent to sharing their information with us and you indemnify us from any claims that arise from any of your personnel or clients not consenting to sharing such information under these terms.
11. INTELLECTUAL PROPERTY
    1. CLIENT CONTENT
       1. You grant to us (and our subcontractors, employees and agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use Your Content to the extent reasonably required to perform any part of the Services.
       2. You warrant that our use of Your Content as contemplated by this agreement will not infringe any third-party Intellectual Property Rights.
    2. DEVELOPED IP

All Developed IP will be solely and exclusively owned by us.

1. OUR IP

We grant to the you a non-exclusive, royalty free, non-transferable and revocable licence to use Our IP and any Developed IP to the extent required for the Client to use, enjoy the benefit of or exploit the Services and/or the Deliverables.

Unless otherwise agreed in writing by us or in this clause 11.3, you will not acquire Intellectual Property Rights in any of Our IP under this agreement or as part of receiving the Services.

1. DEFINITIONS

For the purposes of this clause 11:

"Your Content" means any Material supplied by the Client to us under or in connection with this Agreement, including any Intellectual Property Rights attaching to that Material.

"Developed IP" means the Deliverables and any other Material produced by us in the course of providing the Services, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material or the Deliverables.

"Our IP" means all Material owned or licensed by Us that is not Developed IP and any Intellectual Property Rights attaching to that Material.

1. CHANGES TO YOUR COURSE ENROLMENT and money back guarantee
   1. change of mind
      1. Once we confirm your Course Enrolment, we do not allow for change of mind cancellations or refunds of your Course Enrolment unless otherwise agreed by us in writing.
      2. Nothing in this clause 12 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
   2. money back guarantee policy
      1. We offer a 14 day money back guarantee for the Online Course subject to the following prerequisites:
         1. you must notify us in writing within 14 days of purchase that you wish to refund the Online Course via [email protected]; and
         2. you must include your coursework with your request for a refund including completed lesson materials for all Module 1 and Module 2 lessons and activities.
      2. If we determine, in our absolute discretion, that you are eligible for a refund under this clause 11.2, we will promptly instruct any Payment Provider to use such refund, however, we do not accept any liability for delay in processing of such refund.
      3. Any licences granted to you under clauses 5 or 10 of this agreement will be immediately terminated on your written request for a refund under this clause 12.2.
      4. You agree to immediately cease any use of Course Materials and any Developed IP as well as all of Our IP upon receiving a refund under this clause 12.2.
2. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

Subject to your agreement of non-disparagement of us and the Online Course, you may publish general information about what you have learnt from the Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Online Course. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

1. DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

1. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
   1. THIRD PARTY GOODS AND SERVICES
      1. To provide you with the Online Course, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms).
      2. Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Online Course.
      3. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Online Course or any issues experienced in Course Enrolment.
      4. You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Online Course and you will need to cancel in accordance with this agreement.
   2. THIRD PARTY CONTENT

The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

1. LINKS TO OTHER WEBSITES
   1. The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
   2. Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.
2. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.

1. REPORTING MISUSE

If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.

1. SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Online Course is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

1. the Online Course may have errors or defects;
2. the Online Course may not be accessible at times;
3. messages sent through the Online Course may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Online Course may not be secure or confidential; or
5. any information provided through the Online Course may not be accurate or true.
6. NOTICES
   1. A notice or other communication to a party under these terms must be:
      1. in writing and in English; and
      2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
   2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      2. when replied to by the other party,

whichever is earlier.

1. WARRANTIES
   1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
   2. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
2. LIABILITY
   1. liability
      1. To the maximum extent permitted by law the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Online Course.
      2. Clause 21.1(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clause 11.
   2. CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
3. DISPUTE RESOLUTION
   1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
   2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
   3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
4. TERMINATION
   1. AUTOMATIC TERMINATION

Your Account will terminate automatically at the end of the Course Term (whether you have accessed the Online Course or not).

1. TERMINATION FOR CONVENIENCE

We may, in our sole discretion, terminate these terms for convenience at any time by providing 7 days’ written notice to you. Should we elect to do, refunds will be given in accordance with these terms and the ACL.

1. TERMINATION FOR BREACH
   1. Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
   2. A “Breach” of this agreement means:
      1. a party considers the other party is in breach of this agreement and notifies that other party;
      2. the other party is given 10 Business Days to rectify the breach; and
      3. the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
2. EFFECT OF TERMINATION

Upon termination of this agreement:

1. your Account will be terminated and you will no longer have access to the Online Course;
2. each party must return all property and Confidential Information to the other party;
3. each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and
4. each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.
5. GENERAL
   1. GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

1. COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

1. ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

1. INTERPRETATION
   1. (singular and plural) words in the singular includes the plural (and vice versa);
   2. (gender) words indicating a gender includes the corresponding words of any other gender;
   3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
   4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
   5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
   6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
   7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
   8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
   9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
   10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.