Curable Client Agreement
Prior Education provides the CURABLE 5-Week Online Program for the purposes of educating and empowering you to better recover from cancer, and attempt to prevent recurrence.
The Program encompasses physical, emotional and spiritual dimensions of this process, but the best effects are contingent on compliance with the conditions of enrolment described in this Agreement.
1. SCOPE OF CURABLE PROGRAM
1.1 The Company provides the CURABLE 5-Week Online Program for a period of five (5) weeks.
1.2 The Program may at times comprise webinars, videos, readings, meetings, sessions, and any other material as prescribed by the Company from time to time.
2. CLIENT’S OBLIGATIONS
2.1 By enrolling in the Program or agreeing to these terms in any other way, the Client agrees to commit to the best of their abilities to participating in the Program.
2.2 The Client understands and agrees that webinars as part of the Program will be recorded and may be uploaded to the internet.
2.3 The Client understands and agrees that an employee of the Company may monitor one-on-one sessions for quality control purposes.
3. ATTENDANCE
3.1 The Client will make every effort to attend all sessions for which it is enrolled, from the scheduled starting time until the scheduled finishing time.
3.2 If the Client is unable to attend a session, it will inform the Company at least 24 hours in advance.
3.3 In the event of a missed webinar, the Client will be sent the course materials for that webinar and may book and additionally pay for a one-on-one session at an hourly rate with an employee of the Company to cover the content of that webinar.
3.4 Where a webinar has been missed but the Client has followed the procedure in clause 2.5 above, this will serve to constitute attendance when determining eligibility for the Curable Completion Certificate.
4. COMMENCEMENT AND DURATION
4.1 Upon receipt of payment and acceptance into the Program, the Company will advise the Client of the Start Date.
5. PAYMENT
5.1 Enrolment in the Program is contingent upon a Client paying the full cost (Fees) of the Program to the Company during application.
5.2 To the fullest extent permitted by the law, the Fees of the Program are non-refundable.
5.3 The Client will not be entitled to any form of compensation, including credit or a refund, for any booked sessions or other material as part of the Program from which it is absent.
6. METHOD OF PAYMENT
6.1 All amounts to be paid by a party to another party under or in connection with this agreement must be paid by way of electronic funds transfer into the account nominated by the other party.
7. NO SET-OFF OR DEDUCTION
7.1 Unless otherwise agreed in writing and subject to clause 3.6, all amounts payable under or in connection with this agreement must be paid without set-off, counterclaim, withholding, deduction or claim to a lien whatsoever, whether or not any such set-off, counterclaim, withholding, deduction or lien arises under this agreement.
7.2 If a party is required by law to make a deduction or withholding in respect of any sum payable under or in connection with this agreement to another party, it must, at the same time as the sum that is the subject of the deduction or withholding is payable, make a payment to the other party of such additional amount as is required to ensure that the net amount received by the other party will equal the full amount that would have been received by it had no such deduction or withholding been required to be made.
8. GST
8.1 Consideration is inclusive of GST
8.2 Unless expressly stated otherwise, any sum payable, or amount used in the calculation of a sum payable, under this agreement has been determined inclusive of GST.
9. COURSE MATERIALS
9.1 After each webinar, the Client will be provided with the materials for that webinar. The Client agrees to read these materials and watch the included videos.
9.2 The Client will consider the content of the Program, and acknowledges that whatever it chooses to act on is their own informed decision and does not constitute or substitute advice from a relevant medical professional.
9.3 The Client may elect to have a carer present with it on and during the Program webinars.
10. CHANGE OF MATERIALS
10.1 The Company reserves the right to change course content, schedules, days, times, presenters and practitioners at any time.
11. INTELLECTUAL PROPERTY
11.1 At all times prior to, during, and following completion of the Program, all original contents of CURABLE and the Company including but not limited to any materials, readings, webinars and videos that are not explicitly stated to belong to another party are the intellectual property of the Company and are protected under intellectual property law and copyright.
11.2 The Client will not at any time prior to, during, or after its enrolment in the Program, copy, reproduce or share any intellectual property of the Company.
12. COMMITMENT AND COMMUNICATION
12.1 By enrolling in the Program, the Client acknowledges and affirms that:
12.2 They will be pro-active in engaging with the program;
12.3 They have read and will be aware of all information set out on www.robprior.net;
12.4 They will complete and submit the CURABLE Client Profile Form before attending their first session;
12.5 They will inform the Company immediately if there are changes to any of the details provided in the completion of their CURABLE Client Profile Form;
12.6 They will respond promptly to emails from the Company regarding their program;
12.7 They will log into their CURABLE account, contemplate ‘Today’s Inspiration’ and complete and submit their ‘Daily Compass’ on a daily basis.
12.8 The Client acknowledges that the failure to adhere to the obligations set out in clause 6.1.6 may result in:
12.9 Ineligibility for the Curable Completion Certificate; and
12.10 Being contacted by a Prior Education team member to receive support.
12.11 They will keep their CURABLE login details confidential;
12.12 If concerns arise regarding their healing progress, they will book a one-on-one session with a CURABLE team member as soon as possible.
13. LIMITATION AND LIABILITY
13.1 The Company’s Liability
13.1.1 The Company excludes liability for all loss, liability, damage or claims howsoever incurred under or in connection with this Agreement to the fullest extent permissible under applicable law.
13.1.2 The Company specifically disclaims all liability for any loss or damage of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any material, information or other thing provided as part of the Program.
13.1.3 The Company does not accept any liability for any injury, loss or damage caused by use of or reliance on the information provided in the Program, including an absence of healing or recovery.
13.1.4 To the extent permitted by law, the Company is not liable for any consequential loss arising out of or in connection to the Program.
14. INDEMNITY
14.1 Indemnity
14.1.1 The CURABLE Program is not intended to provide professional advice. Nothing contained in this Program is intended to be used as medical advice and it is not intended to be used to diagnose, treat, cure, or prevent any disease or illness including cancer, nor should it be used for therapeutic purposes or as a substitute for an independent health professional’s advice.
14.1.2 Before relying on the material within the Program in any important matter, the Client agrees to carefully consider its accuracy, currency, completeness and relevance for its purposes, and agrees to obtain any appropriate professional advice relevant to its particular circumstances.
14.1.3 The material within the Program will incorporate or be comprised of views and experiences of the makers of the Program. Such material is assembled in good faith but does not constitute or substitute for professional and relevant medical advice.
14.1.4 By agreeing to these terms and conditions and enrolling in the Program, the Client understands and accepts the above indemnity and agrees to seek its own professional medical advice, and asserts that it will not use the content of the Program as professional advice or use such to diagnose, treat, cure or prevent any disease or illness including cancer, or as a substitute for any professional advice.
14.2 Indemnities continuing
14.2.1 Each indemnity contained in this agreement is an additional, separate, independent and continuing obligation that survives the termination of this agreement despite any settlement of account or other occurrence.
15. TERMINATION
15.1 Termination with notice
15.1.1 The Company may, without limitation to its rights under clauses 13.1 and 13.2, terminate a Client’s enrolment in the Program at any time following 24 hours’ notice to that Client.
15.1.2 A Client may terminate this agreement at any time immediately by giving notice to the Company in the form prescribed by the Company, which may be updated from time to time, or otherwise by any other notice.
15.1.3 Termination by a Client under clause 8.2 may only be effected if the terminating party does not owe a debt to the Company or any other relevant party under this Agreement.
15.2 Accrued rights
15.2.1 Termination of this agreement will not affect any rights or liabilities that the parties have accrued under it prior to such termination.
15.3 Survival
15.3.1 The obligations of the parties under clauses 5.4 – 5.5 (Intellectual Property), clause 7 (Indemnity) and this clause 9 will survive the termination of this agreement.
16. NOTICES
16.1 A notice or other communication to a party under this agreement must be in writing and delivered to that party in one of the following ways:
16.1.1 delivered personally; or
16.1.2 sent by email to the party’s email address as notified by the party to the sender.
17. GENERAL
17.1 Relationship of the parties
17.1.1 Nothing in this agreement is intended to create a partnership, joint venture, employment or agency relationship between the parties.
17.2 Assignment
17.2.1 A party may only assign, novate or otherwise transfer any of its rights or obligations under this agreement with the prior written consent of the other party (which must not be unreasonably withheld).
17.3 Entire agreement
17.3.1 This agreement contains the entire agreement between the parties and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
17.4 Severance
17.4.1 If any provision of this agreement is held to be invalid or unenforceable in whole or in part, this agreement will continue to operate on the remaining provisions and any part of the affected provision that is not held to be invalid or unenforceable.
17.5 Waiver
17.5.1 A waiver of any right, power or remedy under this agreement must be in writing signed by the party granting it.
17.5.2 A waiver is only effective in the specific instance and for the specific purpose for which it is given.
17.5.3 A failure to exercise, a delay in exercising, or a partial exercise of a right, power or remedy provided under this agreement or by law does not preclude any other or further exercise of that or any other right, power or remedy.
17.5.4 A waiver of a breach of this agreement does not operate as a waiver of another breach of the same term or any other term of this agreement.
17.6 Further assurance
17.6.1 Each party must promptly do all things and execute all further instruments necessary to give full force and effect to this agreement and their obligations under it.
18. AMENDMENT
18.1 This agreement may only be amended by a written document signed by all parties.
19. GOVERNING LAW
19.1 This agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts operating in New South Wales, and any courts entitled to hear appeals from those courts.
20. DISCLAIMER
20.1 The CURABLE Program has been designed to provide information to support individuals in their recovery and healing journey. It is not intended to replace medical advice or treatment provided by a qualified healthcare professional.
20.2 Any information provided in this Program is for general information purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
20.3 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen in the Program.
20.4 The Company makes no representations or warranties in relation to the medical information provided. The Company does not warrant that the information provided is complete, true, accurate, up-to-date, or non-misleading.
21. DEFINITIONS
21.1 In this agreement:
- “Agreement” means this document and any schedules or attachments;
- “Client” means the person who has enrolled in the Program and agreed to the terms of this agreement;
- “Company” means Prior Education Pty Ltd or its representatives;
- “Program” means the CURABLE 5-Week Online Program offered by the Company;
- “Website” means www.robprior.net.