Youth Wellbeing Project Website © LVLup Pty Ltd
Site Terms updated July 2020
TERMS AND CONDITIONS OF USE FOR THE IQ PROGRAMS, ONLINE COURSES AND PRESENTATIONS – DOWNLOAD HERE
Using our Sites
We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. By using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website. If you do not wish to be bound by these terms and conditions then you may not use our website.
Youth Wellbeing Project
P.O. Box 1055, North Lakes, 4509, Queensland, Australia
Ph +61 438 124 780
Copyright & monitoring
The contents of our sites are protected by international copyright laws and other intellectual property rights. We, or other third-party licensors, are the owner of these rights. All product and company names and logos mentioned in our sites are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our sites for the sole purpose of using it as an information resource for your personal use.
However, you may not modify, republish, upload, post, transmit or digitally distribute, by any means or in any manner, any material or information on or downloaded from our sites including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so; for example:
- In order to complete any test or questionnaire
- Where those resources are expressly provided for educational purposes and therefore may be copied or reproduced for distribution with these terms:
- Individual or personal use
- Organisations who have engaged our services by transaction or prior arrangement
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our sites are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission or by transaction as outlined above. Any unauthorised use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and the promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
We make no representations about any other websites which you may access through our sites or which may link to our sites. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster. Other sites may link to our Sites by permission only. To seek our permission, you may contact us via the above contact details. We reserve the right to rescind any permission granted to you or any organisation in which we approve linking to our sites, and to require termination of any such link to any of the sites, at our discretion at any time.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the sites, or any products or services provided pursuant to the sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events. We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our sites or in our marketing materials.
The information, services, products, programs, claims, seminar topics, and materials on our sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on our sites as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labelled guarantees within our sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in our sites will be uninterrupted or error-free, that defects will be corrected, or that the sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in our sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. We do not endorse, warrant or guarantee any speakers, products or services offered on our sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
When addressing educational, personal or other matters in any of our sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life, organisation, school or children and young people affiliated with yourself. However, there is no guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and we do not purport any “quick fix schemes” on any of our sites. Nothing on our sites is a promise or guarantee. Your level of success in attaining positive results is dependent upon a number of factors including your skill, knowledge, ability, dedication, savviness, network, education level, financial status, wellbeing and workplace situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, educational level, or ability to gain results. You alone are responsible for your actions and results and /or the results gained from children, youth or adults using the above-mentioned products or programs. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our sites, and we offer no guarantee of any professional educational, legal, medical, psychological, personal or other matters expressed on our sites.
Ownership of the Product. All intellectual and published material of our programs (including IQ PROGRAMS, any superseded materials and any other program that we have published, do own or may develop in the future (collectively, the “Program Materials”) remains the copyright property of LVLup Pty Ltd t/a Youth Wellbeing Project. Any use of intellectual or printed material outside the parameters of the program terms must be granted in writing from the Managing Director of Youth Wellbeing Project.
Use of the Product. No part of the “Program Materials” are to be reproduced, printed or copied. Exceptions relate to inclusions at time of purchase and are clearly noted as reproducible.
Amendments to the Product. Any amendments to the program(s) required by the purchasing organization must be presented to the Managing Director of Youth Wellbeing Project for consultation and approval. All recommendations will be considered and amendments issued at the discretion of Youth Wellbeing Project.
Regular program reviews are scheduled by Youth Wellbeing Project and your feedback is important to us.
Fee for Service. If the purchasing organization wishes to run our program(s) as ‘fee for service’ program in the community – the purchasing organization must seek prior written approval from Youth Wellbeing Project and agree to the commercial-use terms.
No Professional Advice
The information contained in or made available throughout the sites (including but not limited to information contained on message boards, chats, in text files, online training or in program materials) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, physical, sexual, medical, relational, psychological, financial or legal matters. 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, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
Our sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the Internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Our Sites are likely to discuss mature topics and language relating to personal physiological, psychological, sexual, social, spiritual and emotional growth. Users who are uncomfortable with such topics or language should not use our sites.
Use of Communication Services
Our sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Submissions provided to Youth Wellbeing Project or posted to our sites: we do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sub-licensees permission to use your Submission including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The following informs you of what kind of information we may gather about you when you visit our site, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct this information. Our goal is to provide you with a satisfying experience while allowing you to control your privacy and to give you a means to voice any questions or concerns you may have.
Collection of information: Information is collected from you primarily to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked to provide information such as your name, email address or information about what you like and do not like. It is entirely your choice whether to respond to these questions or not.
Gathering of Anonymous Information: This information is aggregate in nature and stripped of all identifying details. We will not know names, where you live, or date of birth for example. If a survey or poll requires demographic information such as age, gender or postcode, this information will still be anonymous and may be used for research purposes. This anonymous information will be used to monitor the use of our sites, such as the numbers and frequency of visitors. This collective data helps us determine how much our audiences use parts of the site, so we can improve our sites and assure excellence in content and usability. This anonymous aggregate data may be published or provided to other people.
Gathering of Personal Information: Our sites may specifically ask for personal information about you when you sign up our online store. This information lets us know the specifics of who you are such as your name, age, email address, postal address, billing address and credit card number. This may be required in order to provide a service or product to you. By providing us with this information you also give us permission to inform you of additional products and services that may interest you. You can choose to unsubscribe or amend your details at any time and wherever possible, we will provide you with access to the information any information held about you. How much of your personal information that you choose to disclose is completely up to you. Our sites will only use the personal information you have chosen to provide us for the purpose of providing a service or product or corresponding with you about our products and services which may be of interest to you. Under no circumstances will our sites sell or receive payment for licensing or disclosing your personal information.
Disclosure: There may be necessary occasions for our sites to disclose your personal information to third parties. Our sites may be required by law to disclose the information or may be required to disclose your personal information to third parties to provide the service you have requested, for example, if you purchase products online from our store(s) we will need to disclose your personal information to third parties in order to bill and deliver your products. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information.
We reserve the right, in its sole discretion, to terminate your access to our sites and the related services or any portion thereof at any time, without notice.
Making an enquiry or booking request in relation to appointments or workshop presentations through our sites does not constitute a confirmed booking. Nor does it guarantee the availability of the dates requested. A confirmed booking can only result from a direct and specific correspondence to you from us. Making payments through our sites is subject to industry standards and expectations of best business practice.
We do not guarantee uninterrupted and/or secure access to our sites at any time. We cannot be held liable for any loss resulting from you relying on our Sites security, supply of information or access to our sites.
Your continued use of our sites indicates that you indemnify from any damage, loss or costs in connection with any breach of these conditions, or any other legal obligation by you and your use of, or conduct on our sites. To the maximum extent permitted by law, this agreement is governed by State and Federal laws within Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Australia in all disputes arising out of or relating to the use of our sites. Use of our sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of our sites. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to our sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to our sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.