Terms and Conditions

By accessing and / or using The FOUND Program (the ‘Program’), you agree to be bound by these Terms and Conditions.

The FOUND Program may vary these Terms and Conditions at any time without notice and your continued use of this Site, following any such changes, indicates your acceptance of those changes.

In the Site and Program, a reference to ‘us’, ‘we’ or ‘our’ is a reference to The FOUND Program.

Whilst all care and effort has been taken to provide accurate information on the Site and in our products, the information is general in nature and may not be applicable for or suitable to your and/or your families individual circumstances. It is important to understand that the information is intended as a guide only and is not intended to replace an individualized consultation with a qualified health professional. If you have any concerns about your health or behavior, or the health and behaviour of a family member, or any questions about whether the advice contained in the Site or in any product is suitable for you or your family, please consult with your qualified health professional.

Information on the Site may change without notice and we may change the content of the Site, and/or suspend or discontinue the Site at any time without notice.

We take pride in our products and have designed them with care to seek to ensure they are suitable for the majority of our customers. Products are provided on the basis that they are used in accordance with their terms – if you choose not to follow all or part of the information, pattern or guide contained within our products, then the product may not work for you.

If you are dissatisfied with any of our products you may be eligible for a refund. Please see the below clause pertaining to refunds.

To the extent legally permitted, none of The FOUND Program or affiliated businesses, any of its employees, agents and advisers, or any other party, accepts any responsibility or liability for any direct or indirect loss or damage that may result from any errors or omissions on the Site, reliance on information contained in the Site or in any product provided through the Site, or access to, or use of, or inability to use, the Site.

Whilst care has been taken to prevent the introduction of viruses onto the Site, the Program does not guarantee that the Site, or any product purchased from the Site, is free from viruses. You are responsible for protecting your own computer or mobile device from being affected by viruses whilst using the Program. The FOUND Program is not responsible if you are not able to access or use the Site due to any virus or for any loss or damage you any suffer as a result of a virus affecting your computer or mobile device. You also agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses, in the Site when accessing, providing or downloading information via the Site.

The FOUND Program does not guarantee the continued availability of the Site or the continuation of any services provided on it and access to the Site may be interrupted, restricted or delayed from time to time. The FOUND Program does not accept any responsibility or liability in relation to any loss suffered in these circumstances.

These Terms and Conditions are governed by Australian Consumer Law.

Intellectual Property and Copyright

All content, ideas, images, videos, approaches and materials within the Program are covered by Copyright Act 1968. Unless otherwise specified, copyright of information provided on the Site and within the Program and any products, such as but not limited to the Program, is owned by the Program. No information may be altered or modified in any way, including the removal of this copyright. 

The Program retains all rights (including copyrights, trademarks, patents, database rights, graphic images, logos, as well as any other Intellectual Property right) in relation to all information provided on or via this Site. You may not copy, download, publish, distribute or reproduce any of the information contained on this Site in any form, including in ‘chat rooms’ and ‘forums’ without the prior written consent by the Program. However, you may print out and/or download information contained on this Site for your own personal and non-commercial use. 

Links to some Third Party websites have been included on the Site. The Program has not been involved in the design of those Third Party websites and has no control over the content or privacy policies of such Third Party websites. The content of Third Party websites can change at any time without notice to us. The inclusion of links on the Site does not imply that we have verified or endorsed the content of such linked Third Party websites.

The Program owners have exclusive rights to reproduce, publish, amend, adapt, perform and communicate the work. 

Privacy

The Program may use cookies and your privacy is taken seriously. Any personal information you provide directly or indirectly while accessing the Site, including as a result of purchasing products from the Site, joining the program, any webinars, chat rooms or forums, are governed by this Privacy policy.

The Program collects personally identifiable information about you such as your full name, email address, mailing address and telephone number only in order to administer your products and services associated with the Program including support requests. If you have chosen to subscribe to our newsletter, the Program will use your email address in a confidential manner to send you promotional material.

Third parties 

In some circumstances we may disclose your information to third parties where you request us to or consent to us doing so or in order to fulfil our legal obligations and carryout our services to you. Your personal information may be disclosed in a number of circumstances including the following: 

• Third Parties where you consent to the use or disclosure; and 
• Where required or authorised by Law.

Force Majeure Events

In the event of Force Majeure users shall not be relieved from any obligations under a these Terms and Conditions except as provided for in this clause:

The Program may, at its option:

• suspend any course or program stage affected by the Force Majeure Event, for a period of up to 12 months or until the Force Majeure Event has abated (whichever is earlier); or
• if the Force Majeure Event has not abated after the end of any period of suspension, cancel the Contract(s) or Enrolment(s) affected by the Force Majeure Event, in which event any applicable fees shall be supplied as a credit against future products, programs and/or services. 

Limitation of Liability

To the maximum extent permitted by applicable law, the maximum aggregate liability of The Program to the User in respect of loss or damage sustained by the User under or in connection with this agreement is limited to the total Fees paid to The Program by the User in the 1 month preceding the first event giving rise to the relevant liability.

(Indemnity) The User agrees at all times to indemnify and hold harmless the Program and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the User or the User’s officers’, employees’, agents’ or contractors’:

• breach of any term of this agreement; or
• negligent, fraudulent or criminal act or omission.

(Consequential loss) the Program will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by the Program, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

Terms of Use

The Program and associated products, services and materials are for your personal use only and may not be shared, copied or distributed in any way, either in part or whole.

The information contained in the Program is generic in nature and is not a substitute for individualised medical advice from a healthcare professional.

The Program does not come with additional support or consultation services of any kind, apart from those offered in the services listed at purchase.

If you choose not to follow part or all of the information or Guides, that is entirely your choice, however the Program is not accountable for the product not working for you in this case.

A refund option is available if you are dissatisfied with the product in accordance with the refund clause.

We have the right to update our Program, products and revoke or Terminate access as a part of our products at any time.

Access will be Terminated in instances of account sharing including logins and passwords or where information is made available to persons who have not purchased the Program or been gifted the Program. 

User Responsibilities and Conduct

The Program requires all users to be respectful and appropriate in their interactions with the Program, it's owners and other users. The Program owners hold all rights in the assessment as to whether behaviour is respectful and appropriate. 

Any inappropriate comments and behaviour may result in prohibited access, participation and use of activities including account Termination. 

Refunds

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

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.

We are not required to provide a refund or replacement if you change your mind on a product, program or service purchased.

But you can choose a refund or exchange if an item has a major problem.

This is when the item:

• has a problem that would have stopped someone from buying the item if they had known about it
• is significantly different from the sample or description and an issue has been brought to our attention within 7 days of purchase
• is unavailable due to a forceable or preventable technical issue

Please keep your proof of purchase via your receipt upon requesting a discount. 

Promotions, Offers and Gift Vouchers

All standard terms & conditions apply to promotional offers, gift vouchers and trial periods.

Promotional discount codes or prices are only available during the advertised promotional period, purchases made outside the promotional period will not be refunded to re-purchase at the discounted price.

Promotional pricing cannot be used in conjunction with any other promotional offer.

Upgrades to complete Program are not eligible under sale prices. 

General

If any provision of the Conditions is illegal or unenforceable this does not affect the remaining provisions.

The Program is entitled to assign any or all of its rights under these Conditions, and any Enrolment or Contract, by notice to the User. 

The User is not entitled to assign any of its rights or obligations under these Conditions or under any Enrolment or Contract without the consent of the Program, which we may withhold using absolute.

Governing Law

The Terms and Conditions shall be construed and applied in accordance with the laws of Victoria, Australia and are subject to the exclusive jurisdiction of the courts of Victoria, Australia.

The Program reserves the right to vary or amend the Terms and Conditions at any time, and any variation or amendment will take effect with respect to Contracts entered into from the date the User is notified.

Dispute Resolution

A party claiming that a dispute has arisen under or in connection with these Terms and Conditions 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.

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.

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.

Declaration

By accepting these Terms and Conditions, the User acknowledges, agrees and warrants that it:

• Has read and understood these Terms and Conditions and any documents provided by the Program;
• Understands that by signing these Terms and Conditions and having its Enrolment accepted, it is entering into a binding Contract with the Program;
• Is over the age of 18 and an Australian resident and can provide evidence of same on request;
• Has reliable access to a stable, virus-free computer or laptop and a reliable internet connection;
• Does not have any medical, physical or behavioural conditions that would prevent it from completing the Program or abiding with these Terms and Conditions that it has not disclosed to the Program;
• Has disclosed all relevant information in the course of applying for the Program.

Definitions:

1. Intellectual Property:
   • Ownership of content provided by the service.
   • Guidelines for user-generated content.
2. Privacy and Data Protection:
   • Information on data collection, usage, and protection practices.
   • User rights concerning their personal information.
3. Payments and Refunds:
   • Details on any fees or charges.
   • Refund policies.
4. Third Party Services and Links:
   • Disclaimer about Third Party content or services.
   • User responsibility when accessing Third Party links.
5. Disclaimers and Limitation of Liability:
   • Statements on the reliability and availability of the service.
   • Limitation of the service provider’s liability in various scenarios.
6. Termination:
   • Conditions under which the service or user account can be terminated.
   • Consequences of termination.
7. Modification of Terms:
   • Right of the service provider to modify the terms.
   • How users will be notified of changes.
8. Governing Law and Dispute Resolution:
   • Applicable law governing the agreement.
   • Procedures for resolving disputes.
9. Contact Information:
   • How users can contact the service provider for support or inquiries.

Each Program product and service may have specific requirements and additional clauses tailored to its particular services and user base.