Product Terms of Use & Agreement

Patient Experience Agency Pty. Ltd ABN 52 663 651 278 (PEA, we, our, us) provides online patient experience (PX) courses, consulting, coaching programs and other training and advice for health care professionals subject to the terms and conditions of this Product Agreement.

By registering to attend or otherwise participating in any online training, program or course provided by us, you acknowledge that you have read, understood and agree to:

• this Product Agreement;
• our Website and Social Media Terms of Use available at https://www.patientexperienceagency.com.au/website-social-terms; and
• our Privacy Policy available at https://www.patientexperienceagency.com.au/privacy-policy

If you do not agree with this Product Agreement, our Website & Social Media Terms of Use or our Privacy Policy, you must immediately stop participating in and engaging with our products.

This Product Agreement may be amended by us from time to time. The latest version of this Product Agreement will always be published on our website.

Course Participation.

1.You understand that:

• Payment for a course allows for participation by up to one employee, as nominated by you, per program. Sharing of your login to access a course with other employees in your practice, third party contractors or any other person deemed inappropriate by PEA (in its absolute discretion) is prohibited.
• Without prior written consent from PEA, you are prohibited during and for twelve (12) months after the purchase of a product from directly or indirectly engaging, employing, soliciting or otherwise retaining any person who is or was involved in the course, program or training.
• PEA does not warrant or make any representations or guarantees regarding participant outcomes, success or income levels following participation in any courses, programs or training. You accept all responsibility for evaluating your practice’s potential to make patient experience and outcomes improvements as well as executing your business and services. You acknowledge that your earning and improvement potential is dependent on your own products, ideas, techniques, execution of your business plan, the time you devote to the program, ideas and techniques offered and utilised, as well as your individual finances, knowledge and skill.

Information Provided During Course.

2.You understand that participation in a training program or course is not a substitute for legal, marketing, accounting or insurance advice.

3.The advice and training provided by PEA is for patient experience improvement purposes only. It is not comprehensive and does not constitute legal advice. You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on information provided to you in a course.

Liabilities & Indemnities.

4.You agree that PEA, and its directors, employees, contractors, agents and representatives (indemnified officers) are in no way responsible for any personal injury, loss or death you may suffer as a result of participating in the training and courses, and I hereby agree to irrevocably and forever release, indemnify and hold harmless PEA and its indemnified officers from any and all claims that I have now or may have in the future against PEA (or its indemnified officers) arising out of or in connection with participation in the training and courses. Additionally, PEA (and its indemnified officers) are not in any way responsible for any loss or damage of my personal property.

5.Any conditions, rights, warranties or guarantees implied by law into this Product Agreement are expressly excluded to the fullest extent permitted by law, but nothing in this Product Agreement excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.

6.If the Australian Consumer Law applies to any of the goods or services we provide to you under this Product Agreement, our total liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis (Liability) to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):

• in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
• in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.

7.To the extent permitted by law:

• PEA (and its indemnified officers) excludes Liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort or otherwise, suffered or incurred by any person in connection with or in any way relating to advice, training and courses provided by PEA; and
• our total Liability and the total Liability of our indemnified officers in connection with this Product Agreement whether under contract or tort, will not in any circumstances exceed the total amount you have paid us for the product to which your claim relates.

Photographs & Testimonials.

8.During a live online course you are able to participate without your video being on. This will mean that the instructor and other course participants will not be able to see you.

9.PEA may take photographs and/or screen recordings of you and/or others participating in a course from time to time. You will be given notice of any photograph or screen recording before it is taken and given the option to be excluded. You understand these photographs or screen recordings may be used in marketing materials published by PEA, including on social media accounts. All use of these materials is in accordance with our Website & Social Media Terms.

10.PEA may ask for feedback or a testimonial from you, to be used in marketing materials published by PEA. You reserve the right to say no.

Intellectual Property and Confidentiality.

11.PEA reserves all rights in relation to intellectual property created and used by it in training and courses and in any information or documentation provided during training and courses. PEA has taken reasonable care to ensure that it has permission to use the intellectual property of others. Misuse of any intellectual property of PEA (including distributing, modifying, transmitting, reproducing or using the content without prior consent) is strictly prohibited.

12.You agree to keep confidential all information disclosed by or on behalf of PEA, its indemnified officers and any other participant in a training or course (each, a discloser). You must not disclose the confidential information except with the discloser's consent or to the extent required by law.

13.You agree that your obligations relating to intellectual property and confidential information continue after your engagement of PEA ceases.

Payment.

14.PEA provides some training and courses for a fee and other training and courses for free. If there is a fee payable for a course you will be notified in advance.

15.Where PEA provides a course for free, you acknowledge that provision of the course and your participation in the course constitute good consideration for the purposes of this Product Agreement.

16.We use third party gateways, such as Stripe, to process payments for purchases made on our website. Your use of those third party services is subject to those third parties' terms.

17.Unless otherwise expressly stated in writing, all amounts are inclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.

18.You represent and warrant that all details you provide to us for the purpose of purchasing the course, program or training from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.

19.If your payment is dishonoured or reversed for any reason after it has been submitted, you must immediately make the payment again. If you do not pay the fee for a course before the course commences or within a reasonable timeframe thereafter, PEA may refuse you entry or otherwise exclude you from any of its training and courses in the future.

Refunds.

20.We only accept returns as set out in this clause or as required under Australian Consumer Law or other laws that cannot be lawfully excluded. It is your responsibility to assess the suitability of our products prior to making a purchase. We do not offer refunds or exchanges for change of mind.

21.Where stated, we may offer a partial or full refund where you have completed the workbook within thirty (30) of the date of purchase of any product. Evidence of completion of the workbook within this timeframe must be supplied. 

22.Alternatively, where stated, we may offer you a partial or full refund where you have completed all lessons and the workbook (and can demonstrate this work) within 30 days of signing up for any product. Evidence of your three launches (social media posts, emails and training recordings) must be supplied.

23.Alternatively, where stated, we may offer you a partial or full refund where you have completed the workbook within 30 days of purchase of a product. Evidence of completion of the workbook within this timeframe must be supplied. 

24.In the event that the goods or services cannot be delivered on an agreed date, we will contact you to arrange an alternative time. If no alternative time can be agreed upon, we will offer a partial refund.

General information.

25.This Product Agreement is governed by the laws of Australian Capital Territory, Australia.

26.If any portion of this Product Agreement is deemed by a court of competent jurisdiction to be invalid, then the remainder of the agreement form shall remain in full force and effect.

27.PEA may refuse you entry or otherwise exclude you from any of its training and courses for any reason, including if you do not comply with any part of this Product Agreement at any time.

Applicable law.

The Product Agreement is governed by and construed in accordance with the laws of the Australian Capital Territory, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Australian Capital Territory and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contact us.

Please email [email protected] if you have any questions relating to our Product Agreement.

Last updated: 27 September 2023.