GENERAL TERMS AND CONDITIONS
Welcome to Survive to Thrive Nation (“We”, “Us”, “Our”). We are a Profit for Purpose business that aims to assist veterans with mental health prevention, management, recovery and reintegrating into society after service. The use of our website (“Website”) and any courses accessed from our Website is subject to these terms and conditions. (“You” or “Your”) means you as an individual who uses our Website.
1. Overview And Who We Are
(1) Veterans often suffer from various stress related issues due to the nature of their work. We hope to help them manage and overcome these issues through courses that we provide.
(2) We are in the business of providing courses to veterans such as the Survive to Thrive Nation program and similar courses designed to help veterans overcome stress related issues that arise from a return from service (“Course”).
(3) We sell courses that are provided to veterans. We do not sell these courses direct to veterans and rely on third parties to purchase these courses for the benefit of the veteran.
(4) We are not a “not-for-profit” organisation or a “charity”. We conduct our business with an aim to make profits. The courses that we provide contains a margin for expenses and profits amongst other things, this is no different from any other education service or course providers with a for-profit model. Our business, however, is for a purpose that is intended to help a specific group of people.
(5) Our business model is designed such that veterans do not incur an out-of-pocket cost to purchase a course from us. We do not sell courses to veterans nor collect any fees from them. Courses are purchased from funds received by third parties and applied towards the cost of a course or program.
2. Terms and Conditions
(1) The use of our Website, including the payment of funds to us (towards the purchase of a course for a veteran) and access to courses, is governed by these terms and conditions (“Terms”).
(2) These Terms are periodically reviewed and We reserve the right to change these Terms without advance notice to You. You should regularly review this document as it is available on Our Website and any changes will take immediate effect from the date of publication. Your continued used of the Website or a course will be deemed as acceptance of these Terms.
3. Payment and Funding
(1) We are grateful that You (as a third party, non-veteran) wish to contribute funds towards enabling Us to enrol veterans into one of Our Courses. You agree to pay to us the amount nominated by You (a “contribution”) by clicking on the accept or pay button and entering details that facilitates the payment of funds to us.
(2) 100% of Your contribution will be put towards the purchase of a Course for a veteran. We provide the Survive to Thrive Nation course and may on occasion provide additional courses. We will select the most appropriate course on Your behalf suited to the veteran receiving the course. The price of a Course varies and may be more or less than $1,000 as amended from time to time.
(3) We do not have Deductible Gift Recipient (DGR) status and any funds that You contribute are not subject to tax deduction as a deductible gift. You should contact Your accountant or a financial adviser if You require information in that regard.
(4) A contribution that You pay to Us is for the purchase of a course (or part thereof where the contribution is insufficient to purchase a full Course) for the benefit of a veteran to participate in Our programs. You acknowledge that You receive good and valuable consideration in the provision of a contribution to Us.
(5) A contribution that You pay to Us will be applied towards the acquisition of a course for a veteran and is not refundable.
(6) You will receive a tax invoice in respect of any contribution that You make.
(7) Contributions are inclusive of GST. GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(8) We may use third-party banking merchants to process payments of a Course and Your use of these facilities may be subject to the terms and conditions of these third-party banking merchants. These third-party banking merchants may charge You a processing fee.
4. Challenges and Raising Awareness
(1) If You wish to make a non-financial contribution, challenges are designed to raise awareness of what We do and to encourage financial contributions by third parties.
(2) There are different challenges, and these are updated from time to time. You can find a list of current challenges on the Website. To participate in a challenge, You must register through the relevant link found on Our website.
(3) Challenges are not hosted or organised by Us. It is designed for each participant to participate in at their own volition and time.
(4) You may participate in a challenge at the same time as Us. For example, You may wish to undertake a run with Us. If You wish to do a challenge together with Us, you must contact Us prior to make arrangements to do so. While We will try to accommodate doing a challenge with You, there are no guarantees that We will be available to undertake the challenge at the same time as You.
(5) Completion of challenges is based on an honour system and We do not track Your progress. You must update Your progress on each challenge by emailing Us at email@example.com.
(6) If the challenges promote rewards and achievements, they will be provided on the completion of challenges and will be provided by Us once the completion requirements are verified by Us. We will contact You to make arrangements in relation to the provision of any reward.
(7) Challenges are usually physically demanding activities. You warrant and agree that in undertaking a challenge You and any third party that undertakes the challenge with You or at Your request:
(a) are physically fit and capable in doing so;
(b) are not suffering from any medical condition that may result in harm or injury to Your body;
(c) release, indemnify and hold Us harmless from any loss, injury or damage that You may suffer or may cause to a third party in engaging in a challenge or ancillary activity;
(d) understand that We do not host challenges and cannot be liable for any accidents or injuries sustained during the course of a challenge; and
(e) agree that You hold any insurance You deem necessary and understand that We do not provide insurance cover in Your undergoing of any challenge.
(8) You should consult a medical practitioner prior to undertaking a challenge and should not undertake a challenge if You are feeling unwell or if your medical practitioner advises You against it.
5. User Profile and access to Courses
(2) To access a Course, You will be notified by Us when sufficient funding has been received to purchase a Course on Your behalf. The Course will then be added to Your User Profile and can be accessed through our Website. Courses are only available to returning veterans.
(3) You may only have one User Profile and You must not use another person’s User Profile.
(4) The User Profile is personal to You and is not transferable. You are responsible for all actions taken and all information listed on Your User Profile.
(5) You must not use Your User Profile or any Course associated to Your User Profile for any commercial purpose.
(6) We, in our sole discretion and without liability to us, reserve the right to cancel, terminate, restrict or suspend a User Profile if We reasonably believe that the associated User Profile is in violation of these Terms. If Your User Profile is deleted, You are prohibited from setting up a new User Profile. Your access to and use of any Courses purchased and linked to Your User Profile may cease if Your User Profile is deleted.
(7) Any such cancellation, termination, restriction, suspension or deletion in accordance with clause 5(5) is in addition to, and not in lieu of, any rights and remedies available to Us under these Terms or any applicable law.
6. Use of Courses
(1) You will have access to and use of a Course that has been purchased by funding we receive. Access to a Course will be through Your User Profile.
(2) There is no limit to the number of times You may use the Course provided You maintain access to Your User Profile and provided such Courses do not have a limited time use.
(3) We do not warranty nor guarantee that Your access to the Website or to the Courses will be error free and there may instances where Your access is limited because of reasons beyond Our control, for example if You have an unstable internet connection.
(4) You must have a working internet connection to access the Website and the Course.
(5) To the fullest extent permitted by law, We disclaim all warranties, express or implied, including, but not limited to, fitness for a particular purpose as to the results that may be obtained from the use of any of the Courses.
(6) The Courses are designed to help You reintegrate into civilian life from Your return of service. The Course may have a physical activity aspect involved. There are inherent risks in physical activities and these risks depends on the fitness level of an individual, their medical history and their lifestyle. You must immediately cease the use of any physical aspect of the Course if You believe that You are suffering, about to suffer or experience any health concerns associated with the activities of the Course.
(7) It is Your responsibility to ensure that You are in appropriate physical condition to use or participate in any physical aspect of a Course. We are not, and We cannot, be responsible for Your monitoring of Your fitness level or physical capabilities in participating in a Course.
(8) You should engage in any physical aspect of the Course in a well ventilated area with sufficient free space clear of any obstacles. There is an increased risk of injury to Yourself and to property if You engage in any physical aspect of the Course in an area that is not properly suited.
(9) If You have a medical condition, We recommend that You speak with Your medical professional prior to participating in any physical aspect of the Course.
(10) You acknowledge and agree that:
(a) Your participation in the Courses are voluntary and there is no obligation on You to engage in a Course;
(b) In the event that You suffer any injury while participating the Course, We do not provide facilities for treatment or the arrangement of such. You are responsible for seeking Your own medical treatment;
(c) your use of the Website and Course will not be monitored by Us; and
(d) we will not be following up with you on your progress of the Course outside of usual interaction.
(11) You participate in a Course at Your own risk.
(1) A Course that is provided to Your User Profile will be delivered electronically and can be accessed via Your User Profile.
(2) While delivery of an electronic product is usually instantaneous, please allow up to 48 hours for the product to display on Your User Profile.
8. No medical advice or service
(1) This Website and any of the services or products it features is not intended to provide any medical opinion, advice, diagnosis or treatment. Any and all information found on the Website is general in nature and cannot replace a doctor’s or other medical professional’s recommendations. Any information found on the Website or created from the use of the product or Course is only to be used as a reference and cannot be relied upon as medical advice.
(2) The diagnosis and treatment of a clinical condition can only be undertaken by a qualified healthcare professional in person. You should always seek the guidance of Your doctor or other qualified health professional with any questions You may have regarding Your health or a medical condition.
(3) If you:
(a) require urgent medical attention; or
(b) are at risk of harm to yourself or someone else,
you should seek immediate attention from a qualified medical practitioner or professional.
(4) To the fullest extent permitted by law, We disclaim all warranties, express or implied, including, but not limited to, fitness for a particular purpose as to the results that may be obtained from the use of any of Our products or services.
9. Liability and indemnity
(1) To the maximum extent permitted by law, We expressly disclaim all liability and warranties, express or implied, of any kind with respect to the Course, such as without limitation fitness for purpose.
(2) We will not be liable to You for any losses, damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including any intangible losses) related to Your participation in a Course.
(3) To the maximum extent of the law, You release and indemnify Us from any and all liability in relation to Your participation in a Course howsoever occurring, including without limitation, any claims brought against Us by a third party.
(4) You acknowledge that participation in a Course does not guarantee results of any kind. We expressly exclude any and all liability that a Course will meet Your expectations, suit Your needs or produce a result that You hope to achieve.
(5) Your use of the Website or a Course may include links to third party websites. We do not endorse these websites and cannot be liable for its content. You expressly release and indemnify us for any use of content on these third party websites.
(6) Nothing in this clause 9 limits or excludes any statutory rights You may have as a consumer.
10. Limitation of liability
(1) Where We are unable to exclude Our liability in connection to a Course, We expressly limit Our liability for breach of a non-excludable statutory warranty or guarantee to the replacement of a Course.
(2) You agree and accept that the limitation of liability provided in this clause is reasonable.
(3) Nothing in this clause 10 limits or excludes any statutory rights You may have as a consumer.
11. Intellectual Property
(1) Unless otherwise specified, all material appearing in a Course is Our property, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively, the “Content”) as well as the selection, assembly and arrangement thereof.
(2) The Content is protected by copyrights, trademarks, or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark, and other laws.
(3) We grant You a non-exclusive, revocable, non-sublicensable licence to access and use the Content for the sole, personal and non-commercial purpose of You accessing a Course. Otherwise, You have no rights in or to the Content, and You will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from Us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, reverse engineer, reverse assemble, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of Our trademarks inures to Our benefit.
13. Prizes & Rewards
(1) Please refer to the Terms & Conditions – Prizes and Rewards here: https://survivetothrivenation.com/terms-and-conditions-prizes-rewards/
(1) These Terms are governed by the laws in force in the State of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the Courts of Queensland.
(2) These Terms constitutes the entire agreement between Us and You in relation to the use of our Website.
(3) Our failure to exercise or enforce any right under these Terms shall not constitute a waiver of such right or provision. No granting of time or other indulgence by Us to You shall release, discharge or otherwise reduce or affect Your liability under these Terms.
(4) If a provision of these Terms is held to be invalid or unenforceable, that provision will be read down and the remaining provisions of these Terms will remain in full force and effect.
If these General Terms and Conditions conflict with the Prizes and Rewards Terms and Conditions, the Prizes and Rewards Terms and Conditions will prevail and be relied upon without prejudicing any other component of either of the Terms and Conditions.