Carinne Bird Consulting Pty Ltd
Training Services Terms and Conditions
The Agreement. These terms and conditions and the Participant Code of Conduct (the Agreement) describe the rights and obligations of each party for delivery of and access to the Training Services, and the Agreement and forms a contract between Carinne Bird Consulting Pty Ltd (ACN 679 815 457) of Suite 4, 651 Canterbury Road, Surrey Hills. Victoria. 3127 (also referred to as "we," "us," or "our") and you ("you" or "your").

 
Agreement Start. This Agreement becomes effective once you complete your registration for the Training Services (including when someone registers you for the Training Services on your behalf) or when you access the Training Services, whichever happens first (the Effective Date).

Capacity. By agreeing to this Agreement, you are confirming that you have the legal right and capacity to enter into contracts, including that you are not a minor.

For the meaning of specific terms used in this Agreement, please refer to Section 15.

1. Provision of the Training Services
1.1. Access. During the Term, we will provide access to the Training Services in accordance with this Agreement. You will have access to the Training Services via:
  o the link provided in accordance with the instructions you received when you register for the Training
     Services; or
  o the link to the Training Services provided to you by us via another means.
1.2. Registration. To access the Training Services, you will need to register your details with us, including your name, email address and a contact phone number. You are in charge of giving us the right information. If you provide us with the incorrect details, we may not be able to provide the Training Services to you. Any personal details you provide to us will be handled according to our Privacy Policy.

2. Scope of Training Services
2.1. Description of Training Services. The content of the Training Services will be as described on our website or as communicated to you at the time of your registration. While we endeavour to ensure that all descriptions of Training Services are accurate and up to date, we reserve the right to make modifications or enhancements to the content at any time without prior notice.
2.2. Training Services Fees and Payment. The cost of the Training Services will be as stated at the time of your registration. Deposits for Training Services may be non-refundable in certain circumstances and we encourage you to read this Agreement thoroughly to understand your rights and obligations. You are responsible for ensuring that the payment of Fees is complete before accessing the Training Services. The Training Services will not be available to you unless you have paid the Fees in full, in advance.
2.3. Updates to a Training Services. The Training Services, including their content, format and delivery methods, are subject to reasonable change and updates. We reserve the right to modify or update the Training Services at any time. We will use reasonable endeavours to notify you of any changes to the Training Services that relate to Training Services you have registered and paid for.. Any modifications will not retroactively affect the Training Services already delivered.
2.4. Discontinuation of Training Services. We reserve the right to discontinue the Training Services at any time and for any reason. This may include the Training Services for which you have not yet registered. We are under no obligation to provide advance notice of such discontinuations. Where any Training Services that you have registered and paid for are discontinued prior to being delivered to you, you will receive a full refund of any Fees paid for the impacted Training Services.
2.5. Accuracy of Information. While we strive to provide accurate information regarding our Training Services, including their content, duration, and availability, we do not guarantee the accuracy or completeness of such information. It is your responsibility to review all the detail provided at the time of registration and seek clarification where necessary.

3. Cost and Payment
3.1. The cost of Training Services, if any, will be made known to you at the time of registration for the specific Training Services you are registering for.
3.2. The payment options for Training Services, if any, will be made known to you at the time of registration.
3.3. Where a split payment option available, 100% of the Training Services Fees are due by the due dates set out in your registration details, and in all cases prior to the Training Services starting.
3.4. You can cancel your attendance at the training services at any time before the start time but if you do, your fees will be non-refundable.
3.5. Where a payment option is provided to pay the Training Services Fees via a third-party payment system, your transaction will be subject to the terms and conditions of that third party payment system.

4. Taxes
4.1. Unless otherwise stated, all Fees we quote are on a tax inclusive basis.
4.2. Goods and Services Tax (GST). The Fees for Training Services include the current GST rate. We will provide you with a tax invoice that meets all the rules of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related laws. You need to pay this GST amount to us as part of Fees. If there is a change in the GST amount because of the law, we will send you a new invoice to adjust the GST amount. We are registered for GST and will tell you if we are not registered anymore.
4.3. Taxes Imposed on Us. We are solely responsible for the payment of all taxes, levies, duties, or similar governmental assessments (including, without limitation, income taxes, GST, VAT, and withholding taxes) that are imposed on us as a result of or in connection with the payments made under this Agreement.

5. Your Obligations
5.1. Permitted Users. Access to and participation in the Training Services under this Agreement is permitted only for you. You are not permitted to transfer the Training Services to another person unless we provide consent in writing to the transfer, and that any replacement person agrees to abide by this Agreement.
5.2. Sharing Access to the Training Services. Unless otherwise agreed by us, you are not permitted to share your access to the Training Services with anyone else. This means you cannot give anyone else access to your Training Services. If you let someone else access or use your Training Services, including any Training Materials, you are breaching the terms of this Agreement, and we may terminate your access to the Training Services and may pursue such other remedies as are appropriate and available to us.
5.3. Consent to Recording of Training Services.
a. Recording of Training Services. As part of our commitment to providing high-quality training, and for the purposes of record-keeping, review and future use, Training Sessions and other parts of the Training Services may be recorded. This includes audio, video and any materials shared during the session.
b. Consent to Recording. By participating in our Training Services, you consent to the recording of the Training Session, including any contributions you make, such as asking questions, making comments, or otherwise engaging during the training. If you do not wish to be recorded, you may choose to turn off your camera and refrain from actively participating in the session (for example by not asking questions or sharing comments). You should note, however that your attendance in the Training Session will be captured as part of the recording if you choose to take this option.
c. Option to Opt-Out. If you are not comfortable with being recorded or the options provided for non-participation, you may choose to leave the Training Session. We may offer you the option to listen to a recording the Training Session , however, we are not required to make this option available, and there may be circumstances where technical issues make recordings unavailable. Where you opt out of being recorded, if listening to a recording is not possible for any reason, you will not be entitled to a refund.
d. Use of Recordings. Recorded Training Sessions may be used for internal purposes, such as quality assurance, training improvement, including sharing with our third party providers. They may be made available to other participants.
e. Data Protection and Privacy. We are committed to protecting your privacy. Any recordings will be stored securely and handled in accordance with our Privacy Policy available on our website and on request.
5.4. Compliance. You agree to:
a. comply with our Participant Code of Conduct, as outlined in this Agreement. Any disruptive, or inappropriate behaviour, whether verbal, written or otherwise, may result in your removal from the training, and you will not be entitled to any refund in such cases,
b. comply with the terms and conditions of this Agreement when accessing and using the Training Services,
c. prevent and stop any use of the Training Services that is not consistent with this Agreement, including any unauthorised access to the Training Services, and
d. quickly notify us if you become aware of any use of the Training Services that is not consistent with this Agreement.
5.5. Restrictions. At all times, unless expressly required to as part of engaging with the Training Services (which will be clearly stated in the Training Services themselves), you cannot do the following with our Training Services:
a. copy, change, reproduce, take screenshots of, photograph, film, record, store, modify, translate into any language, disassemble, reverse engineer, reverse assemble or otherwise create derivative works of any Training Material or the Training Services themselves, their contents, or their supporting platforms or associated systems, or use the Training Services or Training Material for any purpose, unless such purpose is expressly permitted by this Agreement;
b. use the Training Services or their supporting platforms or associated systems in any manner that interferes with, disrupts, degrades, or threatens to interfere with, disrupt, or degrade the performance, functionality, security, or integrity of the Training Services, or its respective servers and networks,
c. try to see, translate, take apart, or get the source code of the Training Services or their supporting platforms or associated systems;
d. sell, rent out, give a sublicense for, hand over, or spread any part of the Training Services or their supporting platforms or associated systems or in any way expose it to anyone else. This includes any method of sharing, whether it is online, live, recorded, revamped, in print, or through any other means; or
e. use the Training Services or their supporting platforms or associated systems:
  o for any purpose beyond those described in this Agreement,
  o in any way that could put us at risk of legal trouble, claims, or liability; or
  o in any manner that infringes, violates, or misappropriates the rights, including Intellectual Property
     Rights, of us or any third party.
5.6. Prohibition of Harmful Code. You must:
a. not upload, transmit, distribute or otherwise make available any harmful code (which includes, but is not limited to viruses, worms, malware, spyware, ransomware, trojans, logic bombs, backdoors, or any other software, code or fil intended to damage, disrupt or gain unauthorised access to systems, data or networks) through any of our Training Services, platforms or associated systems, or any third-party systems we use; and
b. ensure that any files, software, or devices they use to access the Training Services are free from harmful code.
A breach of this clause 5.6 will be considered a material breach of this Agreement. This could lead to us ending the Agreement and may lead to other legal actions. If harmful code does get introduced into our Training Services or related platforms, systems or third parties because of, or contributed to by you, you will be expected to take the necessary remediations at your own expense to fix the situation, or contribute to the remediation actions that we take, as determined by us in the circumstances. This will still be required even after our Agreement has ended where remediation actions extend beyond the expiry or earlier termination of the Agreement.
5.7. Third-Party Products. The Training Services may require you to use products or services from other companies (Third-Party Products), and where that happens, the terms and conditions of those third parties apply to their use. We do not have control over these products, cannot guarantee they will always work with our Training Services, or be available, and we are not responsible for them. If these products change or update, it might affect how they work with our Training Services, but that is out of our hands. By using these Third-Party Products, you understand that while we make reasonable efforts to ensure compatibility and address any issues, we cannot guarantee that there will be no issues arising from the use of these Third-Party Products. Also, remember that using these Third-Party Products means you are also agreeing to the third-party provider’s terms and conditions, including its privacy and security policies.
5.8. Feedback.
a. You might give, or we might ask for, ideas, comments, testimonials, examples, references or other types of feedback (Feedback) about our Training Services. When Feedback is given by you, you are letting us use the Feedback for our business purposes. Once you have given Feedback, we are granted a license to use that Feedback for the purposes of sharing with other users of the Training Services, potential users, marketing, reference cases and improving the Training Services. This does not affect any other intellectual property rights you may have.
b. We acknowledge that Feedback is just given as it is, without any guarantees from you about its quality or usefulness, and you make no warranties whatsoever about any Feedback.
c. You are also guaranteeing to us that you have also checked with anyone else needed to make sure it is okay for us to use the Feedback like this. If we ask, you will show us the permission you obtained.
5.9. Representation and Warranty Regarding Personal Information.
a. You confirm that you give all required consents, authorisations and permissions to share your Personal Information with us for the reasons outlined in this Agreement.
b. You will indemnify us and our staff, directors, agents, and affiliates against any legal actions, damages, losses, costs, or expenses, including our lawyer's fees, arising out of or related to our use of your Personal Information based on the permission you gave us, to the extent that such actions, damages, losses, costs, or expenses are caused by your failure to obtain the necessary consents, authorisations and permissions. This protection includes any issues arising from you not properly getting the required consents, authorisations and permissions, which might lead to claims of misusing Personal Information or breaking privacy laws.
5.10. Representation and Warranty.
a. You warrant to us that you will not use the Training Services in a way that contravenes the restrictions in this Agreement, including at clause 5.5.
b. You acknowledge and agree that any breach of this warranty constitutes a material breach of this Agreement, entitling us to pursue all available legal remedies, including but not limited to seeking injunctive relief, damages, and termination of this Agreement.
5.11. Survival. The obligations, restrictions, warranties and indemnities described in this clause 5 will survive the termination or expiry of this Agreement.

6. Our Representations and Warranties
6.1. No Warranty. We make no promises or guarantees about the Training Services, or the materials we provide, except where the law says we cannot exclude those guarantees. The Training Services and everything available on our website comes ‘as is’. There might be issues with availability, quality, or how current the information is, and it might not perfectly meet your needs or expectations. We also cannot promise that everything will work without interruptions or errors. It is up to you to decide if the Training Services work for you, knowing that we are not responsible for any shortcomings. The warranty in this clause 6.1 will survive the termination or expiry of this Agreement.
6.2. No Guarantee of Outcomes. We aim to provide training that will help you develop specific skills and knowledge, but we cannot guarantee specific results, or certifications. Success depends on your effort, prior knowledge, and ability to use what you learn. We cannot and will not be responsible for any lack of progress or outcomes. You understand that you are taking on the risk of your participation and any results they achieve.
6.3. Not Professional Advice. The Training Services we provide are for learning and information only, and they are not meant to replace professional advice from a security expert, a lawyer, business consultant, information technology expert, or any other professional. We cannot promise that the Training Services will be perfect for your exact needs. If you need specialised advice, it is up to you to find and talk to an expert. Joining or using our Training Services does not mean that you have a professional relationship with us or our staff. You are taking part knowing this, and if you act on anything we teach, that is solely your decision.

7. Intellectual Property Rights
7.1. Ownership. You understand that you do not own any part of the Training Services or any Training Materials including any Intellectual Property Rights connected to them. These remain solely our property. You also agree not to claim any ownership or rights over the Training Material or to challenge our ownership in any way.
7.2. User License. We grant you a limited, non-exclusive, non-transferable license to use the Training Material solely for the purpose of receiving and participating in the Training Services. This license does not include the right to sublicense or commercialise the Training Services.
7.3. Indemnity. You will indemnify us, our affiliates, directors, officers, and employees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to any loss associated with misuse of our Intellectual Property Rights by you.
7.4. Survival. This Intellectual Property Rights clause 7, including the indemnity, will survive the termination or expiry of this Agreement.

8. Confidentiality
8.1. Non-Disclosure. You agree to keep our Confidential Information secret. You agree to not share the Training Material with anyone else unless you have express permission from us in writing. This includes sharing your screen or projecting your screen so that others can see. You cannot use this Confidential Information for anything not covered by this Agreement, especially if it is to create, make, or sell products or services that compete with what we do. Only you should have access to our Confidential Information. You are not allowed to give the Training Materials to anyone else. If you do, it will be considered a material breach of our Agreement. This could lead to us terminating the Agreement and might lead to other legal actions.
8.2. Return. When this Agreement ends, or if we ask you in writing, you need to give back or destroy any Confidential Information from us that you have. This includes any notes, data, sketches, drawings, and records related to the Confidential Information. If we ask for it, you must also give us a written promise that you have returned or destroyed all the Confidential Information. You are permitted to keep one copy of the Training Material that we provided to you for the purposes of your own reference only.
8.3. Remedies. If you do not follow the rules about keeping things confidential or the Restrictions in this Agreement, it could harm us or third parties. In that case, we have the right to ask a court to make you stop immediately using injunctive relief, in addition to any other legal actions we might take.
8.4. Survival. This Confidentiality clause 8 will survive the termination or expiry of this Agreement.

9. Privacy
9.1. Our Access and management of your Personal Information. We understand that during your purchasing and use of our Training Services, we might need to collect, store and use some Personal Information about you. We promise to only use this information to meet our responsibilities in accordance with this Agreement and our Privacy Policy available on our website or upon request.
9.2. Data Breach. If there is a security issue that results in the accidental or illegal destruction, loss, change, unauthorised sharing, or access to your Personal Information, we will let you know about the incident as quickly as we can.
9.3. Return. If this Agreement ends or at any point you ask us to, we can (at our choice) either give back all the Personal Information we have related to you, or make sure it is completely and securely destroyed, depending on what you choose.
9.4. Survival. This Privacy clause 9 will survive the termination or expiry of this Agreement.

10. Liability and Indemnity
10.1. Our Limitation of Liability. Notwithstanding anything to the contrary in this Agreement or any other agreement between the parties, our total liability to you for all claims arising out of or relating to this Agreement, regardless of the form of action, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total Fees paid by you to us under this Agreement during the twelve (12) months immediately preceding the date on which the claim arose.
10.2. Your Limitation of Liability. Except for where:
a. you have breached the Participant Code of Conduct,
b. you have not complied with your confidentiality obligations in this Agreement,
c. you have not obtained the required consents, authorisations and permissions to share your Personal Information with us or
d. your actions have infringed on our or a third party’s Intellectual Property Rights,

your total liability to us for all claims arising out of or relating to this Agreement, regardless of the form of action, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total Fees paid by you to us under this Agreement during the twelve (12) months immediately preceding the date on which the claim arose.

10.3. Notwithstanding anything else in this Agreement, neither party will be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of business opportunity, or loss of goodwill, except to the extent such damages are caused by the gross negligence or wilful misconduct of the party.
10.4. Survival. This Liability and Indemnity clause 10 will survive the termination or expiry of this Agreement.

11. Dispute Resolution
11.1. Dispute. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement (Dispute), the parties will first seek to resolve the Dispute through amicable negotiations between themselves within thirty (30) days from the date of notification of the Dispute by one party to the other.
11.2. Mediation. If the parties are unable to resolve the Dispute within thirty (30) days of written notification of the Dispute by one party to the other, either party may initiate mediation. The mediation will be conducted in accordance with the mediation rules of the Australian Disputes Centre, and the place of mediation will be Sydney, New South Wales, Australia. The language of the mediation will be English.
11.3. Referral. Should the mediation fail to result in a resolution of the Dispute within sixty (60) days from the date of initiation of the mediation, or such longer period as the parties may agree in writing, either party may then refer the Dispute to the courts of Victoria, Australia, for resolution.
11.4. Survival. This Dispute Resolution clause will survive the termination or expiry of this Agreement.

12. Suspension of Access.
12.1. Suspension for potential breach. If we have reason to believe, suspect, or anticipate that you might breach, are in the process of breaching, or are likely to breach this Agreement, we reserve the right to temporarily suspend your access to the Training Services. This measure is taken to prevent any potential violations and protect the integrity and security of our services. The suspension will remain in place until we can verify compliance with the Agreement or resolve any concerns related to the potential breach. We are committed to ensuring a fair process and will communicate with you promptly regarding the reasons for any such suspension and the steps that can be taken to restore access.
12.2. What Happens if We Suspend Your Training Services. If we suspend your access to our Training Services because we have reason to believe, suspect, or anticipate that you might breach, are in the process of breaching, or are likely to breach this Agreement, you will not receive a refund for the portion of time your access is suspended for, including any missed Training Sessions that occurred during this time.

13. Term and Termination
13.1. Term of Agreement. This Agreement starts on the Effective Date and will continue until the completion of the delivery of the Training Services by us to you.
13.2. Termination for Convenience by You. We understand that circumstances change, and flexibility is important. You may terminate this Agreement at any time, for any reason, simply by notifying us in writing. Once you have told us that you want to terminate, your access to the Training Services will stop immediately.
13.3. Termination for Convenience by Us. If we decide to terminate for our convenience, your access to the Training Services will stop immediately (if applicable), and we will refund you for the unused portion of your Fees within 10 business days.
13.4. Termination for Cause.
a. If, in our view, you fail to comply with any of your obligations under this Agreement, we reserve the right to terminate this Agreement for cause. This includes any breach of your duties as outlined in this Agreement. The determination of whether the breach you have committed is one that can be fixed will be made in good faith and in a reasonable manner by us. If we decide that the breach is capable of remedy, we may or may not choose to give you the opportunity to correct the issue within a period that we specify. If the breach is deemed not fixable, or if a fixable breach is not fixed within the given period, we may terminate this Agreement immediately. This action is to protect the integrity and security of our Training Services and ensure everyone can continue to benefit from them without disruption.
b. If we end this Agreement in accordance with clause 13.4 (Termination for Cause) because you have breached its terms, you will lose access to the Training Services immediately. Also, we will not return any part of the Fees you have already paid, even if you have not used the Training Services for the full time you paid for.
13.5. Effects of Termination. Upon the termination of your Agreement Term, whether by you or us, the following conditions will apply:
a. Access Ends: your access to the Training Services will immediately cease. You will no longer be able to log in or use any of the Training Services, features or content from the moment of termination.
b. Partial Refund for Termination for Convenience: if you choose to end the Agreement early pursuant to clause 13.2, clause 3 will apply regarding refunds of Fees.
c. No Refunds for Breach of Agreement: if we terminate the Agreement for cause due to a breach of this Agreement by you, you will not be entitled to a refund for any prepaid Fees.
d. Obligations Survive: certain obligations and responsibilities as laid out in this Agreement will continue even after termination.
13.6. Survival. This Term and Termination clause 13 will survive the termination or expiration of this Agreement and will be binding upon the parties and their respective successors and permitted assigns.

14. Miscellaneous
14.1. Force Majeure. Neither party will be liable for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, government regulation, disaster, strikes (excluding strikes involving the you or yours or our personnel), civil disorder, or any other cause beyond the reasonable control of the party invoking this clause. During such force majeure event, this Agreement will be suspended and will resume once the event is over. The affected party will notify the other party in writing within five (5) business days of the occurrence of such an event.
14.2. Notices. All notices, requests, demands, and other communications under this Agreement will be in writing and will be deemed to have been duly given on the date of delivery when delivered, in the case of you, to the email address provided by you on registration, and, in the case of us, to us via our “Contact Us” page. If the notice is sent by email, the sender will request a read receipt or send a follow-up email or communication via another method listed above to confirm delivery. Notice will be deemed received upon confirmation of receipt of email.
14.3. Modifications. We reserve the right to modify the terms and conditions of this Agreement at any time without prior notice. By continuing to use the Training Services after such modifications are made, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Training Services immediately.
14.4. Entire Agreement. This Agreement, including any attachments and exhibits referenced herein, constitutes the entire agreement between us and you concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
14.5. No Assignment. You may not assign or otherwise deal with the whole or any part of this Agreement except with the prior written consent from us. Nothing in this Agreement, express or implied, is intended to confer upon any other person any rights, remedies, obligations, or liabilities under or by reason of this Agreement.
14.6. No Partnership or Employment. Nothing in this Agreement is intended to create a partnership between us and you, nor dies it constitute the relationship of employee and employer between us and you.
14.7. Waiver. No waiver of any of the provisions of this Agreement will be deemed or will constitute a waiver of any other provisions hereof (whether or not similar), nor will such waiver constitute a continuing waiver unless otherwise expressly provided.
14.8. Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and the remainder of the Agreement will continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been included herein.
14.9. Governing Law and Jurisdiction. This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are to be governed by and construed in accordance with the laws of Victoria, Australia. The parties irrevocably agree that the courts of Victoria will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

15. Definitions and Interpretation
15.1. In this Agreement, unless the context otherwise requires:
a. words importing the singular include the plural and vice versa;
b. words importing gender include all genders and the use of any gender will be applicable to all genders as the context may require;
c. references to persons include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organisations, and any other legal entities;
d. "including" means including without limitation, and "includes" means includes without limitation;
e. references to "days" mean calendar days unless otherwise specified;
f. references to any legislation or legislative provision include any statutory modification, amendment, re-enactment thereof, and any subordinate legislation issued under such legislation or legislative provision;
g. references to any agreement or document include that agreement or document as amended, novated, supplemented, or replaced from time to time;
h. headings and titles are included for convenience only and do not affect the interpretation of this Agreement;
i. where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
j. any reference to "writing" or cognate expressions includes transmissions by facsimile, email or other forms of electronic communication, but excluding text messages, recognised as having legal effect;
k. a reference to a clause, paragraph, schedule, exhibit, attachment, or annex is a reference to a clause, paragraph, schedule, exhibit, attachment, or annex of or to this Agreement; and
l. any reference to time is to local time in the place where the duties under this Agreement are to be performed.
15.2. In the event of any inconsistency or conflict between the documents forming this Agreement, the order of precedence will be as follows:
a. these Terms and Conditions;
b. the Participant Code of Conduct;
c. any other documents or attachments specifically referenced and incorporated into this Agreement.
The document listed first will have the highest priority, and to the extent of any inconsistency or conflict with documents of a lower priority, the provisions of the higher priority document will prevail. Notwithstanding the foregoing, specific terms in later documents will not be deemed to be overridden or replaced by general terms in earlier documents unless such intention is expressly stated.
15.3. In these terms and conditions, unless the context otherwise requires, the following definitions have the following meanings:
a. Confidential Information will include all data, materials, products, technology, computer programs, specifications, manuals, software, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to you by us. Confidential Information does not include information that: (i) is known to you at the time of disclosure as evidenced by written records of you; (ii) has become publicly known through no wrongful act of you; (iii) has been rightfully received from a third party authorised to make such a disclosure without breach of this Agreement; or (iv) has been independently developed by you without use of or reference to our Confidential Information, as evidenced by written records.
b. Effective Date means the date you complete your registration for the Training Services (including when someone registers you for the Training Services on your behalf) or when you access the Training Services, whichever happens first.
c. This date signifies the commencement of your legal obligations under this Agreement.
d. Fees means the payment amount owed by you to us to access your chosen Training Services for the Term.
e. Intellectual Property Rights means all forms of intellectual property, including but not limited to copyrights, trademarks, service marks, trade secrets, patents, patent applications, trade dress, rights of publicity, rights of privacy, moral rights, and all other forms of protection of proprietary or creative works, inventions, discoveries, ideas, software, databases, innovations, and improvements, whether registered or unregistered, and including all renewals, extensions, restorations, and reversions thereof, and all applications for any of the foregoing, anywhere in the world.
f. Personal Information has the meaning set out in the Privacy Act (Cth)1988.
g. Term means the period described by clause 13.1.
h. Third-Party Products is defined in clause 5.7.
i. Training Material means all content, data, information, software, tools, features, functionalities, and resources provided, made available, or otherwise accessible to you through the Training Services, including but not limited to modules, exercises, simulations, software code, programming environments, documentation, articles, multimedia (including video, audio, and images), user interfaces, graphics, design, compilations, instructional material, and any other materials or content offered as part of the training experience. It also encompasses any updates, modifications, enhancements, and derivatives of the foregoing, whether provided by us or by any third-party at the direction of or through integration with us. For clarity, Training Material includes any physical or digital materials provided to you for use in connection with the training, whether downloaded, streamed, accessed online, or otherwise obtained through the Training Services. Training Material does not include content, data, or materials that you submit, post, transmit, or otherwise make available through the training.
j. Training Services means the Training Services made available by us, from time to time.
k. Training Session means an individual delivery session of the Training Services delivered in person or by other means including virtual.
CARINNE BIRD CONSULTING PTY LTD
Training Services Participant Code of Conduct

By registering for and participating in our Training Services, you agree to abide by this Participant Code of Conduct. This Participant Code of Conduct outlines the standards of behaviour expected to ensure a respectful, inclusive, and effective learning environment for all participants.

Respect and Courtesy
o Treat all trainers, staff, and fellow participants with respect and courtesy.
o Avoid any form of disruptive behaviour, harassment, or discrimination, including but not limited to behaviour based on race, gender, religion, nationality, sexual orientation, or disability.

Engagement and Participation
o Actively engage in the training sessions, complete assigned activities, and contribute positively to discussions.
o Refrain from distracting or disengaged behaviour that could negatively impact the learning experience for others.

Confidentiality
o Respect the confidentiality of shared personal experiences, proprietary training content, and other sensitive information discussed during training.
o Do not share, record, or distribute training materials or discussions without prior written permission from us.

Use of Training Materials
o Training Materials are for your personal, non-commercial use only and otherwise may only be used in accordance with the Agreement.
o Acknowledge and respect Intellectual Property Rights as applicable to all Training Services and Training Material.

Professional Conduct
o Maintain a professional demeanour during all interactions, whether online or in person.
o Follow any additional guidelines provided for the specific training format, including rules for virtual platforms or on-site locations.

Punctuality and Attendance
o Ensure timely attendance for all sessions and notify us in advance if you are unable to attend.
o Refrain from joining sessions late or leaving early without prior notice, as this disrupts the learning process for others.

Use of Technology
o Adhere to any specific technology requirements or instructions for the training.
o Ensure that your devices are functioning properly and use appropriate virtual backgrounds or settings if participating online.

Prohibited Behaviour
o Any form of harassment, abusive language, or inappropriate communication is strictly prohibited.
o The use of unauthorised recordings, screenshots, or dissemination of session content in breach of the Agreement will result in immediate removal from the program.

Feedback and Grievances
o Constructive feedback is welcome and encouraged. Use provided channels to submit feedback or raise concerns about the training or the behaviour of others.
o We will address all grievances promptly and fairly, in accordance with our policies.

Compliance with Laws and Policies
o Abide by all applicable laws and regulations, as well as our published or provided policies and procedures, during your participation.
o Ensure that your conduct does not expose yourself or others to legal, reputational, or safety risks.

Consequences of Non-Compliance
o Failure to adhere to this Participant Code of Conduct may result in your removal from the Training Services on the terms of this Agreement.
o In cases of severe or repeated violations, we reserve the right to take additional actions.

Acknowledgment and Agreement
o By registering for our Training Services, you acknowledge that you have read, understood, and agree to abide by this Participant Code of Conduct.
o If you have any questions or require clarification, contact us prior to the commencement of training.
o This Participant Code of Conduct ensures a safe, productive, and respectful environment for all involved.

Thank you for your cooperation and commitment to maintaining these standards.


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