Terms And Conditions
Please read the following terms carefully before accessing this site and online course materials. You accept and agree to all the covenants and conditions imposed in this agreement by accessing the site. If you do not agree to these terms, you may not access the site.
You agree that you have read, understand, and agree to these terms. You also agree to review this document periodically to be aware of modifications to the agreement, which The Colin James Method Pty Ltd may make. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
- “Access” or “Accessing” means Accessing, using, viewing the content, or otherwise obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- “The Colin James Method Pty Ltd” refers to all entities operated with The Colin James Method Pty Ltd (Altmore International Pty Ltd, Inner Profit Pty Ltd)
- “Subscriber” refers to any person or entity that purchases or uses a subscription to the Online Courses and may be a Single-User Subscriber or Multi-User Subscriber.
- “User” refers to any party who Accesses the Site. If You are Accessing the site as an employee or agent of another, “User” refers to You and Your principal.
- “Website” or “Site” refers to the website maintained on the World Wide Web by The Colin James Method Pty Ltd.
- “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
2. Modification of terms
The Colin James Method Pty Ltd reserves the right to modify these Terms. Except as otherwise stated herein, any change to these Terms is effective immediately after The Colin James Method Pty Ltd gives notice to the User. Notice can be delivered through email, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and conditions.
3. Limited license
The Colin James Method Pty Ltd hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in the online courses according to the provisions herein subject to the payment of the applicable subscription fees and adherence to these Terms. Each Multi-User Subscriber may only allow its employees and agents to Access the online courses. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents shall no longer have Access to the online courses. Each Multi-User Subscriber agrees that the online courses may not be Accessed by more than the authorised number of Users purchased by the Multi-User Subscriber. Each User shall be permitted to Access the online courses from any Internet connection. A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall oversee and manage the User accounts.
4. Fees; renewal; refund policies
By enrolling in and/or attending a physical Program or online Program, you agree to be bound by these Terms and Conditions:
4.1 Conditions of enrolment in respect to maintaining a COVID Safe environment
CJM has developed a comprehensive set of regulations that aim to minimise the risk of exposing staff and clients to COVID-19 when a Program is run in person. By enrolling in and/or attending a Program, clients agree to be bound by these conditions of enrolment.
If a participant has COVID-like symptoms and therefore cannot attend the in-person Program, they can be transferred to another Program date and:
- The transfer fee will be waived upon receipt of proof that they have taken a COVID-19 test. Evidence of their registration for the test results is sufficient proof.
- If no proof of a COVID-19 test is provided, the transfer fee is payable. Otherwise, the Program fee will be forfeited.
4.2 Online Courses
These terms apply to the sale of any Online Course by The Colin James Method Pty Ltd. Please read these terms and conditions carefully before buying an online course and print them off for your records. Once you purchase an Online Course, you agree to the terms of this agreement. CJM complies with Australian Consumer Law regarding refunds. We are not required to provide a refund if you change your mind about the course you chose to enrol in.
Once you have accepted our offer to purchase Services from us by paying for an Online Course, you are permitted 24 hours to cancel your purchase of the Services starting from the purchase time.
However, if you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course, then you shall have no right to cancel your order.
If you receive a special offer (discount) after purchasing and gaining access to the Online Course, you cannot request a refund of the difference between the fixed price course and the special offer price.
While course fees are non-refundable, students may have extenuating circumstances that prevent them from undertaking their course. This decision of assessing the extenuating circumstances rests with the Chief Operating Officer and shall be assessed on a case-by-case situation.
4.3 Cancellations and transfers of in-person individual Programs
- In-person bookings disrupted by COVID-19 and related Government restrictions will be delivered virtually or credited for future use (must be used within 12 months of the issue date).
- Where a participant is unable to attend the Program, the following cancellation fees apply:
- Cancellation is allowed up to 28 days before the Program start date without penalty
- 40% of the Program fee if cancelled within 20-27 days of the Program start date
- 50% of the Program fee if cancelled within 10-19 days of the Program start date
- 80% of the Program fee if within 5-9 days of the Program start date
- 100% of the Program fee if less than four days of the Program start date
- In certain circumstances and following discussion, the booking may be carried forward to a subsequent Program.
- Substitutions of participants can be made with a minimum of 3 weeks’ notice.
- Should The Colin James Method Pty Ltd need to cancel a Program with no alternative available, a full refund will be obtainable. We accept no liability for any other costs.
4.4 Conditions of enrolment
You understand and voluntarily take on all inherent and obvious risks associated with the Program.
- You indemnify us against any proper claims, costs or damages arising from any breach of these Terms and Conditions.
- You agree that you have read and understood the provisions of these Terms and Conditions.
Programs delivered within corporates, please refer to your CJM proposal for terms.
5. Access to online courses; modification of the content
The Colin James Method Pty Ltd strives to continuously provide online courses to its subscribers. To that end, The Colin James Method Pty Ltd will take all commercially reasonable efforts to provide uninterrupted Access to the online courses. However, from time to time, Subscribers may be unable to Access the online courses due to conditions beyond The Colin James Method Pty Ltd.’s control.
From time to time, Subscribers may be unable to Access the online courses due to conditions beyond The Colin James Method Pty Ltd.’s control. Such conditions include but are not limited to force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, Access may be unavailable from time to time due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons.
In response to any unavailability of the online courses to its Subscribers, The Colin James Method Pty Ltd will take all commercially reasonable steps to ensure Access is restored within a reasonable period. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without excessive or burdensome use or expenditure of time, resources, personnel, or money.
The Colin James Method Pty Ltd endeavours to provide the highest quality content to its Subscribers. To that end, The Colin James Method Pty Ltd reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site.
Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which information may be made by posting such changes on this Site. Users are solely responsible for ensuring they have sufficient and compatible hardware, software, telecommunications equipment, and Internet service necessary to use the Site.
6. Prohibited conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that affects the use, enjoyment or service of the Site or adversely affects The Colin James Method Pty Ltd’s computers, servers or databases.
- Capture, download, save, upload, print, or otherwise retain information and content available on the Site other than these Terms expressly allowed.
- Permit or provide others Access to the online courses using Your user name and password or otherwise, or the name and password of another authorised User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate The Colin James Method Pty Ltd’s security mechanisms, Access any data or server You are not authorised to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct that violates the Copyright Act or other Australia and international conventions laws.
- Use any device (such as a “web crawler” or another automatic retrieval mechanism) or other means to harvest information about other Users, the Site or The Colin James Method Pty Ltd.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by The Colin James Method Pty Ltd.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, The Colin James Method Pty Ltd reserves the right to monitor the use of the Site and reserves the right to revoke or deny Access to the online courses to any person or entity whose use of the online courses suggests Prohibited Conduct. Access to the Materials available at the online courses beyond that of standard patterns of use that offers systematic copying of the Materials constitutes an abuse of the online courses and will result in revocation or denial of Access to the online courses. The terms “normal patterns” and “abuse” shall be determined solely by The Colin James Method Pty Ltd
You agree not to violate any Australian, foreign or international software or technology export laws and regulations.
7. Limited warranties
The Colin James Method Pty. Ltd. warrants that the software that allows Users to Access the online courses (“Software”) if operated as directed, will substantially achieve the functionality described on the Site. The Colin James Method Pty. Ltd. provides no warranty that your hardware, software, telecommunications equipment and / or internet service is compatible or sufficient to Access the site. The Colin James Method Pty. Ltd. also warrants that the media containing the Software, if provided by The Colin James Method Pty. Ltd., is free from defects in material on the date the User acquired the Software. The Colin James Method Pty. Ltd.’s sole liability for any breach of this warranty shall be, in its own and absolute discretion: a) To replace the defective media or software b) to advise the user how to achieve substantially the same functionality with the software described; or c) if the above remedies are impractical, to refund the subscription fee paid for Access to the online courses. The user must inform The Colin James Method Pty. Ltd. of any problem with the software within thirty (30) calendar days of discovering the problem, or The Colin James Method Pty. Ltd. will not be obligated to honour this warranty. The Colin James Method Pty. Ltd. will use commercially reasonable efforts to repair, replace or refund the software pursuant to the foregoing warranty within thirty (30) days of being notified. If any modifications are made to the software by the user during the warranty period; or if the user violates the terms of this agreement, then this warranty shall immediately terminate.
8. Disclaimers and limitations of liability
User Accesses this site at his/her/its own risk. This site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties outlined in section 7), expressed, implied, or statutory, and any warranties of merchantability, fitness for a particular purpose or non-infringement of third parties rights are specifically disclaimed. The Colin James Method Pty Ltd does not warrant any specific result from the use of this site. The Colin James Method Pty Ltd does not warrant that the site’s operation and access will be uninterrupted, error-free, virus-free, or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall The Colin James Method Pty Ltd or any of its affiliates, agents, employees, shareholders, directors, officers or assigns be liable to You or any other person or entity for any indirect, special, incidental, punitive or consequential damages of character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any other commercial damages or losses. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
9. Copyrights, trademarks and other proprietary rights
Altmore International Pty. Ltd. shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Altmore International Pty Ltd and The Colin James Method Pty Ltd.
Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the online courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Altmore International Pty. Ltd. & The Colin James Method Pty Ltd, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Altmore International Pty. Ltd. or The Colin James Method Pty Ltd’s intellectual property except as outlined in Section 3.
User agrees to defend, indemnify and otherwise hold harmless Altmore International Pty. Ltd. & The Colin James Method Pty Ltd and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
11. Security; authorised use
Users are prohibited from violating or attempting to violate the Site’s security. The Colin James Method Pty Ltd has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. The Colin James Method Pty Ltd may suspend Your Access while it conducts an investigation. Users must enter a username and password to Access the online courses. To protect against unauthorised Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your username and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who can legally enter into these Terms. You may not use the account, username or password of someone else.
You agree to notify The Colin James Method Pty Ltd immediately of any unauthorised use or loss of Your account, username, password and/or credit card information. You also agree to notify The Colin James Method Pty Ltd immediately if You are aware of or suspect other unauthorised use of the Site and/or the Site content. The Colin James Method Pty Ltd will not be liable for any loss you incur because someone else uses your username and password with or without Your knowledge. You may be held responsible for any losses incurred by The Colin James Method Pty Ltd, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, username or password. The Colin James Method Pty Ltd will never ask You for Your password. If You need a new username and/or password, The Colin James Method Pty Ltd will automatically generate a unique username and password through its computers and send it to Your e-mail or postal address.
12. Termination of agreement
In addition to The Colin James Method Pty Ltd’s other rights, it may terminate this Agreement and at its sole and absolute discretion. The Colin James Method Pty Ltd may also terminate Access to the online courses without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement or have engaged in conduct that The Colin James Method Pty Ltd deems inappropriate. In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 7, 8, 9, 10, 11, 13, 14 and 15 shall survive in perpetuity. Each Subscriber’s obligation to pay any outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between The Colin James Method Pty Ltd and User regarding the subject matter. Whether oral or written, any previous agreement between The Colin James Method Pty Ltd and the User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable, such part will be deemed severed, and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, The Colin James Method Pty Ltd may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. The Colin James Method Pty Ltd.’s remedies are cumulative and not exclusive. Failure of The Colin James Method Pty Ltd to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this term. The Colin James Method Pty Ltd makes no representation that the content of the Site is appropriate or available for use in all locations. The Colin James Method Pty Ltd operates this Site from Australia and makes no representation that the Site complies with any foreign or international laws.
You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. The Colin James Method Pty Ltd cannot provide notifications via post, only e-mail.
15. Governing law; dispute resolution; forum and venue
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by the laws in force in New South Wales, Australia, without regard to any provision that would make the laws of another jurisdiction applicable.
All disputes between You and The Colin James Method Pty Ltd shall be resolved through binding arbitration in New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum or to claim that those courts do not have jurisdiction.
EFFECTIVE DATE: March 30, 2022