Terms of Service

1. Your relationship with Tradies Success Academy

1.1. Your enrolment in Tradies Success Academy (the Academy)’s memberships or use of its programs, software, and applications (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and the Academy.

1.2. The Academy means The Success Academy Group (ACN 602 377 695) T/A Tradies Success Academy, whose principal place of business is at 51-54 / 1 Porter Street, Byron Bay, NSW, 2481, Australia. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.3. For memberships, “you”, “your” or “Member” shall mean the principal business entity owner or individual tradesperson purchasing the Services.

1.4. These Terms of Service form a legally binding agreement between you and the Academy in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the “Terms”.

2. Accepting the Terms 

2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2. You can accept the Terms by:

2.2.1. clicking to accept or agree to the Terms, where this option is made available to you by the Academy in the user interface for any Service; or

2.2.2. by making payment to use the Services. In this case, you understand and agree that the Academy will treat your first payment of fees for use of the Services as acceptance of the Terms from that point onwards.

2.3. You may not use the Services and may not accept the Terms if:

2.3.1. you are not of legal age to form a binding contract with the Academy, or

2.3.2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

2.4. By purchasing the Academy’s Services, you agree to:

2.4.1. abide and be bound by these Terms, and

2.4.2. not to provide access to the Services to any other entity or person without the express consent of the Academy.

2.5. Before you continue, you should print off or save a local copy of the Terms for your record.

3. Provision of the Services by the Academy

3.1. The Academy is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the Academy provides may change from time to time without prior notice to you.

3.2. As part of this continuing innovation, you acknowledge and agree that the Academy may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at the Academy’s sole discretion, without prior notice to you. As a casual subscription user, you may stop using the Services at any time and in accordance with Sections 5 and 14 of the Terms.

3.3. You acknowledge and agree that if the Academy disables access to your subscription, you may be prevented from accessing the Services, your subscription details or any files or other content which is contained in your subscription.

4. Use of the Services by you

4.1. In order to access certain Services, you may be required to provide information about yourself (such as contact details, postal address, occupation, number of employees, etc.), as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to the Academy will always be accurate, correct and up to date.

4.2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).

4.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Academy, unless you have been specifically allowed to do so in a separate agreement with the Academy. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

4.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5. Unless you have been specifically permitted to do so in a separate agreement with the Academy, you agree that you will not reproduce, duplicate, copy, attempt to create a substitute or similar service through use of or access to, sell, trade or resell the Services for any purpose.

4.6. You agree that you are solely responsible for (and that the Academy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Academy may suffer) of any such breach.

4.7. We do not assume any responsibility for special processing or handling of data that might be considered “sensitive” or otherwise “regulated” by particular laws. You specifically consent to our processing of data that you upload to the Service with no special handling, and you agree that you will not, and will use commercially reasonable efforts to make sure a third party does not, use the Services to store or transfer any data that is controlled for export under any export or reexport control law or regulation, or is otherwise subject by law to special processing restrictions (for example, privacy, financial services, and health information laws and regulations).

4.8. You agree that you are responsible for your own conduct and content while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms.

5. Payments and Cancellations

5.1. You choose to subscribe and pay for the Services as a set program fee paid upfront or on a monthly basis and the Academy will bill you in advance for use of the Services.

5.2. There are no refunds available for course fees paid, except in the following circumstances:

5.2.1. The Academy cancels a program with no suitable alternative provided, or

5.2.2. An error is made at the time of, or during, enrolment e.g. if the Academy Member continues to be enrolled in a program and charged fees post a cancellation request being accepted.

5.3. The Academy reserves the right to modify pricing at any time, provided that the Academy will notify you by email prior to any monthly price increase affecting your subscription.

5.4. Members can choose to opt out from the Freedom Fighters program at any time, however it is strongly encouraged that the full 12 month commitment be completed to achieve desired results. Ending your relationship with the Academy will be subject to the provisions of Section 14 of the Terms.

5.5. The program and payment plan selected are not transferable to another person or entity for any reason.

5.6. You are aware of your commitments to the Academy as part of your subscription to the Services and the associated financial obligations.

5.7. You agree to maintain valid and up-to-date billing information on file with the Academy. You may update this billing information at any time by submitting a Current Member Enquiry Form or calling 1800 565 947.

5.8. All payments due are in Australian dollars unless otherwise indicated on the subscription pricing page or invoice.

5.9. Preferred payment of fees is via direct debit. However, credit card payment can be made on request. A 2% surcharge fee will be payable for credit card payments.

5.10. Fees for subscriptions are due and will be charged at the beginning of the month for which Services will be provided to you. These fees are considered delinquent if not received at the start of each service month.

5.11. Payments for invoices are due 14 days after the invoice date, unless otherwise specified, and are considered delinquent after such date.

5.12. At the end of each monthly subscription period, the Services will automatically renew for an additional month.

5.13. The Academy may enable other forms of payment by making them available in the payments page. These other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment.

5.14. Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by the Academy in collecting such delinquent amounts, except where such delinquent amounts are due to the Academy’s billing inaccuracies.

5.15. The Academy will endeavour to notify you if your paid subscription has delinquent fees. If delinquent fees are not paid, the Academy will automatically suspend your use of the Services.

5.16. You are responsible for any taxes associated with the sale of the Services. If the Academy is obligated to collect or pay taxes, the taxes will be invoiced to you, unless you provide the Academy with a valid tax exemption certificate authorised by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to the Academy, you must provide the Academy with an official tax receipt or other appropriate documentation to support such payments.

6. Your passwords and subscription security

6.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any platform you use to access the Services.

6.2. Accordingly, you agree that you will be solely responsible to the Academy for all activities that occur under your subscription.

6.3. If you become aware of any unauthorised use of your password, you agree to notify the Academy immediately by calling 1800 565 947.

7. Privacy and your personal information

7.1. For information about the Academy’s data protection practices, please read the Academy’s privacy policy. This policy explains how the Academy treats your personal information, and protects your privacy, when you use the Services.

7.2. You agree to the use of your data in accordance with the Academy’s privacy policy.

8. Content in the Services

8.1. You understand that all information (such as data files, fonts, written text, computer software, music, audio files, image files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the expert/person/organisation from which such content originated. All such information is referred to below as the “Content”.

8.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Academy (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Academy or by the owners of that Content, in a separate agreement.

8.3. The Academy reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5. You agree to be solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Academy may suffer) by doing so.

8.6. You agree that you are solely responsible for your decision to use any provided content for yourself and your organisation and that you conduct your own due diligence to ensure such content is fit for purpose for your own circumstances. The Academy nor the third-party provider through whom you access Content will not be held liable for your decision to use such Content and the decision to do so is solely yours and relevant to your own circumstances.

9. Proprietary rights

9.1. You acknowledge and agree that the Academy owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the Academy and that you shall not disclose such information without the Academy’s prior written consent.

9.2. Unless you have agreed otherwise in writing with the Academy, nothing in the Terms gives you a right to use any of the Academy’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3. If you have been given an explicit right to use any of these brand features in a separate written agreement with the Academy, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.

9.4. Other than the limited licence set forth in Section 11, the Academy acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with the Academy, you agree that you are responsible for protecting and enforcing those rights and that the Academy has no obligation to do so on your behalf.

9.5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

9.6. Unless you have been expressly authorised to do so in writing by the Academy, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

10. Publicity

10.1. If you currently have or have ever had a paid subscription with the Academy, you may be identified as a customer on its site or in its customer list, social channels, podcast, blogs, and other public communications, including for commercial use. To request removal of this identification, please submit a Current Member Enquiry Form or call 1800 565 947. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why.

11. Licence from the Academy

11.1. The Academy gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by the Academy as part of the Services as provided to you by the Academy (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Academy, in the manner permitted by the Terms.

11.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Academy, in writing.

11.3. Unless the Academy has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

12. Licence from you

12.1. Other than the limited exception outlined in clause 9.4, you retain copyright and any other rights you already hold in Content which you submit, share, upload, post or display on or through, the Services. The Services are designed to facilitate collaboration and sharing of content among users. In support of that core function, you hereby grant the Academy a limited licence to use your Content to provide the Services and its features during the term of this Agreement, including the right to reproduce, adapt, modify, translate, publish, and distribute Content solely for the purpose of enabling the Academy to provide you with the Services in accordance with the the Academy’s privacy policy.

12.2. You understand that the Academy, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit the Academy to take these actions.

12.3. You confirm and warrant to the Academy that you have all the rights, power and authority necessary to grant the above licence. You agree that you will not submit, share, upload, post or display Content on or through, the Service that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the Content and to grant the Academy all of the licence rights granted in this Section.

13. Software updates

13.1. The Software which you use may automatically download and install updates from time to time from the Academy. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Academy to deliver these to you) as part of your use of the Services.

14. Ending your relationship with the Academy

14.1. The Terms will continue to apply until terminated by either you or the Academy as set out below.

14.2. Should you wish to cancel your subscription, you must complete and submit a Current Member Enquiry Form.

14.3. For all cancellations received by the Academy, ongoing payments and access to the Services will be stopped at the end of two monthly payment cycles. This notice period of two monthly payment cycles provides the Academy an opportunity to re-engage and support Members through challenging times.

14.4. The Academy may at any time, terminate its legal agreement with you:

14.4.1. if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

14.4.2. if the Academy is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

14.4.3. if the Academy is transitioning to no longer providing the Services to users in the area in which you are resident or from which you use the service; or

14.4.4. if the provision of the Services to you by the Academy is, in the Academy's opinion, no longer commercially viable.

14.5. In addition, the Academy may terminate its legal agreement with you, for any reason or no reason, by giving you 5 days’ written notice to the email address you provide when you subscribe with the Academy. If we discontinue your access to the Services at the end of this 5 day period, our termination will be effective at the end of this period, and we may refund any prepaid, unused subscription fees for the Services as soon as practicable thereafter. Otherwise, no fees are refundable, and you may continue using the Services through the end of your subscription period, at which point our termination will become effective.

14.6. Nothing in this Section shall affect the Academy’s rights regarding provision of Services under Section 3 of the Terms.

14.7. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Academy have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of clause 22.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

14.8. If your subscription is canceled, your information on our servers may be deactivated but not deleted. We do not actively delete your profile information, for example your name and email address. Any content that you do not wish to remain on our servers after ending your relationship with the Academy should be deleted through a written request from you prior to canceling your subscription.

15. Exclusion of warranties

15.1. Nothing in these Terms, including Sections 16 and 17, shall exclude or limit the Academy’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

15.2. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available.”

15.3. In particular, the Academy and its contractors and consultants do not represent or warrant to you that:

15.3.1. your use of the Services will meet your requirements,

15.3.2. your use of the Services will be uninterrupted, timely, secure or free from error,

15.3.3. any information obtained by you as a result of your use of the Services will be accurate or reliable, and

15.3.4. that defects in the operation or functionality of any software provided to you as part of the Services will be correct.

15.4. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

15.5. No advice or information, whether oral or written, obtained by you from the Academy or through or from the Services shall create any warranty not expressly stated in the Terms.

15.6. The Academy and its contractors and consultants further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

16. Limitation of liability

16.1. Subject to overall provision in clause 15.1 above, you expressly understand and agree that the Academy and its contractors and consultants shall not be liable to you for:

16.1.1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

16.1.2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

16.1.2.1. any changes which the Academy may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Service);

16.1.2.2. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

16.1.2.3. your failure to provide the Academy with accurate subscription information; or

16.1.2.4. your failure to keep your password or subscription details secure and confidential.

16.2. The limitations on the Academy’s liability, and that of its contractors and consultants, to you in paragraph 16.1 above shall apply whether or not the Academy, its contractors or consultants have been advised of or should have been aware of the possibility of any such losses arising.

17. Copyright policies

17.1. The Academy does not permit infringement of intellectual property rights on its Services. The Academy may remove Content if it believes or has reason to believe such Content infringes on another’s copyright. Without prior notice and at any time at its sole discretion, the Academy reserves the right to remove any Content, disable your ability to share or upload Content within the Services, or terminate your access to the Services (a) for uploading or sharing such Content in violation of these Terms; or (b) if, under appropriate circumstances, you are determined to be a repeat infringer.

17.2. The Academy reserves the right in its sole discretion to decide whether your conduct is inappropriate and whether it complies with these Terms for violations other than copyright infringement, such as, but not limited to, promotion of personal businesses or solicitation of work, obscene or defamatory material, etc. The Academy may terminate your access for such inappropriate conduct in violation of these Terms at any time and remove any such objectionable Content, without prior notice and at its sole discretion.

18. Advertisements

18.1. Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

18.2. The manner, mode and extent of advertising by the Academy on the Services are subject to change without specific notice to you.

18.3. In consideration for the Academy granting you access to and use of the Services, you agree that the Academy may place such advertising on the Services.

19. Other content 

19.1. The Services may include hyperlinks to other websites or content or resources. The Academy may have no control over any websites or resources which are provided by companies or persons other than the Academy.

19.2. You acknowledge and agree that neither the Academy nor its contractors or consultants are responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

19.3. You acknowledge and agree that neither the Academy nor its contractors or consultants are liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

20. Content Templates and Examples

20.1. The Services may present third party content (“Content Templates and Examples”). Content Templates and Examples include without limitation templates that the Academy chooses at its discretion to make available to you. The content and information in the Content Templates and Examples (“Templated and Example Content”), such as employment contract templates, was created by the Academy or by third parties. As between you and the creators of Templated and Example Content, any intellectual property or proprietary rights remain with the creators.

20.2. The Templated and Example Content: (a) is meant to serve as a suggestion only; and (b) is not a substitute for professional advice or specific, authoritative knowledge or direction. The Academy does not promise that the Templated and Example Content will work for your purposes, or that it is free from viruses, bugs, or other defects. The Templated and Example Content is provided “as is” and without warranty of any kind. You alone bear the risk of using Templated and Example Content. The Academy and its suppliers provide no express warranties, guarantees and conditions with regard to the Templated and Example Content. To the extent permitted under applicable law, the Academy excludes the implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

21. Changes to the Terms

21.1. The Academy may make changes to the Terms from time to time. When these changes are made, the Academy will make a new copy of the Terms available on the Academy website.

21.2. You understand and agree that if you use the Services after the date on which the Terms have changed, the Academy will treat your use as acceptance of the updated Terms.

22. General legal terms

22.1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

22.2. The Terms constitute the whole legal agreement between you and the Academy and govern your use of the Services (but excluding any services which the Academy may provide to you under a separate written agreement), and completely replace any prior agreements between you and the Academy in relation to the Services.

22.3. You agree that the Academy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

22.4. You agree that if the Academy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Academy has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Academy’s rights and that those rights or remedies will still be available to the Academy.

22.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

22.6. The Terms, and your relationship with the Academy under the Terms, shall be governed by the laws of the State of New South Wales (Australia) without regard to its conflict of law’s provisions. You and the Academy agree to submit to the exclusive jurisdiction of the courts located within New South Wales to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Academy shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.