Terms of Use

TERMS AND CONDITIONS

FOR OUR COURSE

Welcome to Franked!

In these terms, we also refer to Frank Education Group Pty Ltd ABN 33 645 976 647 as “Franked”, “our”, “we”, or “us”.

And you are “you”!

What are these terms about?

These terms apply when you sign up for our website, being https://frankedgroup.teachable.com/ and any other websites we operate with the same domain name, including frankedgroup.com, and a different extension (Website).

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and you use, the Online Courses, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Online Course” in these terms, we mean our online courses and any of the services provided during the Online Course provided via our Website, including access to our video content and associated materials (Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you register an Account with us, or otherwise engage with the Online Courses, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with the Online Course, you agree to be bound by these terms.

Enrolling for the Online Course
To enrol into an Online Course, you will need to create an account (Account) and pay the Fees (as defined in clause 4(a)(i)).
By creating an Account and paying the Fees or otherwise accessing the Online Course (Course Enrolment) you represent and warrant that:
you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
you are authorised to use the payment details you provide for your Course Enrolment.
Registering an Account with us constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
OUR COURSES
We will endeavour to ensure that the Online Courses provided will be substantially the same as the Online Course as described on our Website.
Once we have received payment of the Fees you will be granted access to the Online Course for 12 weeks (Course Term). The Online Course is provided in a multimedia format, including pre-recorded videos, PDF workbooks, and text documents amongst other formats, to be viewed online through your Account or downloaded where provided for. Online course content must not be reproduced or republished by you in any way.
You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.
Your account and licence
You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes during the Course Term.
You must not give access to your Account to any other person.
We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
PAYMENT
All Fees are:
as displayed and accepted by you at the time of checkout (Fees);
in Australian Dollars; and
subject to change without notice prior to your Course Enrolment.
(Payment obligations) You must pay the Fees in full at the time of your Course Enrolment.
(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Online Courses. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
(Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
SUBSCRIPTION
We also offer a subscription service for Accounts, where by paying a monthly fee you gain access to Online Courses (Subscription).
If you sign up for a Subscription, your Subscription includes the benefits and limitations set out on our Website or as otherwise communicated to you when you subscribe for your Subscription (as amended from time to time by notice to you).
If you sign up for a Subscription, you must pay Subscription fees to us in the amounts and at the times specified in the pricing section of the Website, or as otherwise agreed in writing (Subscription Fees).
All Subscription Fees must be paid in advance and are non-refundable for change of mind.
Unless otherwise agreed in writing, the Subscription Fees are due and payable on a monthly basis for the duration of this agreement, with the first payment being due on the first day of the Course Term.
(Automatic Recurring Billing) If you sign up for a Subscription, your Subscription will continue to renew on a monthly basis indefinitely, and you must pay Subscription Fees in respect of each monthly period, unless you notify us prior to 14 days of the expiry of the then current month that you want to cancel your Subscription. Otherwise, we will continue to debit the Subscription Fees from your account each month. We will not pay any charge back amount if you fail to cancel your Subscription in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via our Website.
Unless otherwise indicated, the Subscription Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
VOUCHERS and Discount Codes
We may provide promotional offers and codes offering a discount on the Online Course (Voucher). To use a Voucher, you will need to enter its code at checkout.
A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
DISCLAIMERS
While the Online Courses have been prepared with every effort to help you learn marketing skills such as search engine optimisation, the information provided in our Online Courses is only designed to teach you marketing skills and does not contain any information specific to your business or situation.
Our Online Courses do not take into account your personal circumstances or specific goals. All information provided as part of our Online Courses is not intended to be professional advice of any kind and should not be relied on as such. Many factors will be important in determining whether you achieve any actual results in relation to your marketing skills improving and there is no guarantee that you will be able to achieve any specific, or any other goals (whether communicated to us or not), within any timeframe or at all.
You should obtain appropriate financial, legal and other professional advice before relying on the information provided during our Online Courses.
We make no representation or guarantee that our Online Courses will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Online Courses that you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your marketing methods or otherwise are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Online Courses may not meet your specific needs, circumstances or goals.
COLLECTION NOTICE AND PRIVACY
We may collect personal information about you in the course of providing you with our Online Courses, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
INTELLECTUAL PROPERTY
OUR IP
Intellectual Property Rights in the Online Courses and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
You will not under these terms acquire Intellectual Property Rights in any of Our IP.
DEFINITIONS
For the purposes of this clause 9:
“Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
“Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
CHANGES TO YOUR COURSE ENROLMENT
CANCELLATION
Once we confirm your Course Enrolment, your Course Enrolment is binding and cannot be changed by you.
REFUNDS
Due to the nature of the materials, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund.
Nothing in this clause 10 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
Subject to your agreement of non-disparagement of us and the Online Course, you may publish general information about what you have learnt from the Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Online Course. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
THIRD PARTY GOODS AND SERVICES
The Online Course may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Online Course is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Online Course or any issues experienced in Course Enrolment.
THIRD PARTY CONTENT
The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
LINKS TO OTHER WEBSITES
The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.
SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.
SERVICE LIMITATIONS
The Online Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
the Online Course will be free from errors or defects;
the Online Course will be accessible at all times;
information you receive or supply through the Online Course will be secure or confidential; or
any information provided through the Online Course is completely accurate or true.
NOTICES
A notice or other communication to a party under these terms must be:
in writing and in English; and
delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party, whichever is earlier.
LIABILITY
To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Online Course, the Website, the Services these terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for the Online Course. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
All express or implied representations and warranties in relation to the Online Course, the Website, the Services these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
(Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
breach of any of these terms;
use of the Online Course, the Website, the Services or any other goods or services provided by us; or
use of any other goods or services provided by us.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Online Course, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
DISPUTE RESOLUTION
A party claiming that a dispute has arisen under or in connection with this agreement 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.
TERMINATION
AUTOMATIC TERMINATION
Your Account will terminate automatically at the end of the Course Term (whether you have accessed the Online Course or not).
TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these terms for convenience at any time by providing 14 days’ written notice to you.
TERMINATION FOR CAUSE
Either party may immediately terminate these terms by written notice to the other party if:
the other party is in default or breach of these terms;
the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
EFFECT OF TERMINATION
Upon termination of these terms:
your Account will be terminated, and you will no longer have access to the Online Course;
any Fees paid are non-refundable (except in accordance with clause 10.2); and
you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 9.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.
GENERAL
GOVERNING LAW AND JURISDICTION
These terms are governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.