TransformU Terms and Conditions

  1. Acceptance of our TransformU Terms and Conditions
    1. By registering for the TransformU program (“TransformU”) and/or accessing or using any of the information and materials related to TransformU (the “TransformU Materials”) and related services the “TransformUServices”), you agree to be bound by the following TransformU Terms and Conditions (the “TransformU Agreement”), which is to be read in conjunction with (and to supplement) our Reading Booking Terms and Conditions (where applicable), our Website Ts & Cs and our Privacy Policy, which shall also apply (to the extent relevant) in connection with your registration for TransformU and access to the TransformU Services and TransformU Materials (the “Course”).
    2. You understand, agree, and acknowledge that the TransformU Agreement constitutes a legally binding agreement between you and XO Productions (ABN: 89 929 076 705) (“we”, “our” or “us”) and that your registration for TransformU shall indicate your acceptance of the TransformU Agreement.
    3. You must be at least 18 years of age to register for TransformU and by registering for TransformU you warrant and represent that you are at least 18 years of age.
  2. Registration for TransformU
    1. In order to access the Course you must create and register an account (“Account”). You must provide accurate, current, and complete information during the registration process and keep your Account up to date at all times.
    2. Access to and use of the Account and the Course is subject to payment of a subscription fee (“Fee”).
    3. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription, and regularly thereafter based on the terms of your subscription, and you hereby authorise us to charge your credit card for the then-applicable subscription Fee.
    4. Except in circumstances required by the law, the Fee is non-refundable. All Fees are payable in Australian Dollars, unless otherwise specified. We may change the Fee (excluding pre-paid plans such as annual plans) for the Course or any element of the Course, but will give you advance notice of these changes via a message to the email address associated with your Account.
    5. If for any reason we are unable to effect automatic payment via your credit card, we will attempt to notify you via email and your Account may be disabled until payment is received.
    6. You are responsible for notifying us of any changes to your credit card information and to update your information if your credit card has expired. We may suspend, terminate and/or otherwise interrupt your access to your Account and the Course if you fail to so notify us. You are responsible and liable for the Fee and any costs and expenses, including solicitor and collection fees, that we may incur in our efforts to collect any remaining balances due from you.
  3. Use of Your Account
    1. You are solely responsible for the confidentiality of your Account and password, as well as for its use and misuse. You must promptly inform us of any need to deactivate your Account, including if you become aware that your Account is compromised or being used without authorisation.
    2. You will be liable for any and all activities conducted through your Account that, if undertaken by you, would be deemed a violation of this TransformU Agreement. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, with or without providing a refund of amounts paid by you, including if, in our opinion, you have violated any provision of this TransformU Agreement. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
    3. You may delete your Account or stop using the TransformU Services at any time. This action may be non-reversible and you may lose all, or some portion of, the data associated with your Account. Termination of your Account will not relieve you of any obligation that may have arisen prior to such termination, including the obligation to pay the Fee.
  4. Location and Offering
    1. We currently offer the Course from New South Wales, Australia in English, but you may register for the Course anywhere throughout the world.
    2. You agree to use and access the Account and the Course only for purposes permitted by this TransformU Agreement and as otherwise directed and/or notified by us. If your use of the Account or Course, or other behavior, intentionally or unintentionally threatens our ability to provide the Course, or violates any of this TransformU Agreement, we reserve the right to take all reasonable steps to protect the Course and our systems, which may include suspension or termination of your access to the Course and your Account, or any portion thereof, or taking legal action, all without notice to you.
    3. You may not reproduce, publish, share or use the Course, TransformU Services or Account in contravention of this TransformU Agreement or in any other unauthorised manner.
    4. Subject to your compliance with this TransformU Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access, view, and listen to any TransformU Materials made available to you solely for your personal and non-commercial use.
    5. Certain features of the Course and our TransformU Services may permit (a) the posting or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Content“). You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
  5. Provision of TransformU Services
    1. You agree and acknowledge that we may modify, delete, improve, update or discontinue any TransformU Services or the User Content, and may change any element of the TransformU Materials at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any Service, information and elements of the Course. Also, you agree and acknowledge that we are entitled to provide the TransformU Services and deliver TransformU through subsidiaries, affiliates, agents or third parties.
  6. Ownership of Copyright and Information
    1. We own or control all right, title and interest (including copyright and other intellectual property rights) in and to the Course, Account, TransformU Services, TransformU Materials and all related materials, (including but not limited to all information, software, text, displays, images, video, works, audio, and the design, selection, and arrangement thereof).
    2. You acknowledge that certain TransformU Materials (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties.
    3. You may access and/or reproduce TransformU Materials only for the purpose of viewing such TransformU Materials on a personal electronic device (such as your phone or computer). You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Course or the TransformU Materials without our prior written agreement and we reserve all such rights in the TransformU Materials.
    4. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Course, and requests for technical support or other communications relating to the Course and Account (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  7. Submitted Content
    1. When you submit content in connection with the Course you simultaneously grant us a royalty-free, worldwide, irrevocable, perpetual license to publish, display, modify, distribute, communicate, syndicate and otherwise use in any manner throughout all media such content.
  8. Indemnification
    1. You agree to indemnify us (including our representatives, employees, agents and affiliates, together the “indemnified“) and hold us harmless against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of your Account and the Course or which the indemnified may incur as a result of any breach by you of this TransformU Agreement (including a breach of your warranties) or any negligent act or omission by you.
  9. No Warranties
    1. You understand and agree that your use of the Course Materials and/or access to the Course is entirely at your own risk.
    2. We do not promise or warrant in any way that:
      1. your Account or any part of the Course will be constantly available, or available at all;
      2. the information made available in, and in connection with, the Course is complete, true or accurate; or
      3. you can rely on or use the TransformU Services or TransformU Materials other than as specifically indicated by us.
    3. We make no representations as to the accuracy or completeness of any specific information contained within the Course other than as expressly represented by us.
    4. If you require any advice or assistance in relation to any specific matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.
  10. Termination of Agreement
    1. We may, at any time, prohibit you from using and/or accessing your Account or the Course (or any part of your Account or the Course). If we notify you of such prohibition, then you must immediately cease using your Account and/or the Course.
    2. For so long as you access your Account or Course, this TransformU Agreement will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of this agreement.
  11. Limitation of Liability
    1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to your Account and the Course are expressly excluded. In particular, we make no promises that Course will be suitable to your needs and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of registering for, or participating in, the Course or accessing your Account, whether caused by negligent or otherwise.
    2. In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your participation in the Course.
    3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this TransformU Agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.
  12. Disclaimers
    1. Any information contained or otherwise made available to you within the Course or Account (including but not limited to information contained in videos, emails, comments, readings or calls) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, psychological, medical, health or legal matters. We do not provide medical advice, diagnosis, or treatment, nor are we a medical service provider.
    2. Never disregard professional advice or delay in seeking it because of something you have read, seen, or heard in connection with the Course or Account. We make no representations or warranties concerning any action, or application of by any person following the information offered or provided within or through your Account or the Course unless expressly indicated otherwise. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss. Reliance on any information provided by us, or others via your Account or the Course, is solely at your own risk. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of your Account, the Course or the TransformU Materials, and you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
    3. The information, products and services offered on or through your Account and the Course are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable laws, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that your Account or the Course (or any part thereof) will be uninterrupted or error-free or that defects will be corrected.
    4. We do not warrant or make any representations regarding the use or the results of the use of your Account or the Course or on third-party materials in terms of their correctness, accuracy, timeliness, reliability or otherwise.
  13. Jurisdiction
    1. You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with this TransformU Agreement (including any use of your Account or the Course).
  14. Unenforceable provisions
    1. If the courts of New South Wales, Australia rule that any provision of this TransformU Agreement is invalid or unenforceable, then that provision will be removed and the remaining provisions will continue to be valid and enforceable.

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