Terms and Conditions

V-Teamwork Program Participant Terms and Conditions

What is a V-Teamwork Program Participant?

A V-Teamwork Program Participant (“a participant”) is any- one who enrolls in, observes, coaches or participates in any way in any of the following programs delivered by Viability:

  • V-Teamwork Core Skills Program
  • V-Teamwork Accelerated Program
  • V-Teamwork Project Inception Program
  • Café-Dojo Program
  • V-Teamwork Proficiency Program
  • V-Teamwork Coach Development Program

Participants in our programs can access documents, information and materials via our websites not available to general site visitors. As a participant, you may have an account on one or more of our sites. You can use your account to:

  • access restricted areas of the site
  • download or view our online materials
  • view and contribute to discussion forums and written reflections
  • utilize text and video chat functionality to communicate with other participants

Setting up your account

To become a V-Teamwork Program Participant, we will ask you for some essential information like your email address. Our Privacy Policy explains how we will handle any information we collect. The websites we use may also ask you to create a user password, which you’ll need to keep confidential. It will allow you to log in to our website and access your account, restricted areas, course materials and products.

Meeting your obligations

Unless we agree in writing beforehand, you cannot assign or transfer your user rights or obligations or distribute our products or materials to others. If you breach our terms or policies, we may disable your account. V-Teamwork training material is only for your personal use We own the intellectual property in our V-Teamwork training materials unless otherwise stated. When you participate in a V-Teamwork Program we will supply you with associated training material. As part of your purchase agreement with us, you agree to:

  • use our training material to participate in the training only
  • not to copy or distribute our training material to another person or entity
  • only use our training material for your subsequent personal reference.

We grant you a non-exclusive, non-transferrable license to use our V-Teamwork training material:

  • to participate in our training course only
  • for your subsequent personal reference only.

This license does not include the right for you to:

  • use, reproduce, communicate to the public and/or your colleagues and adapt our intellectual property in any way and for any other purpose
  • perform any other act relating to our intellectual property and to manufacture, sell, hire or otherwise exploit it using any means.

You need our permission to use our content for your own commercial purpose

We remain the owner of all our interest in our intellectual property and knowledge in our products and services.

If you want to use our content for any commercial purpose, or any purpose other than your own personal development, then you must first obtain our written permission. If you don’t, you will be breaking your agreement with us.

You have no intellectual property rights and copyright ownership of our website products that you use or buy.

Our copyright is protected

Our material is protected under the Australian Copyright Act 1968 and other relevant international copyright laws.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on our web page). By continuing to use or access V-Teamwork Programs after the revisions come into effect, you agree to be bound by the revised Terms.

What are the disclaimers?

You use our website and participate in our programs at your own risk. We cannot guarantee, and aren’t liable for, how current, accurate and reliable our site material is, although we make every effort to ensure it is. We also don’t endorse material on a linked or mentioned site.

We can change our site or the host of our site at any time, even if it means you will need to change your equipment to access it.

We’re not liable for any loss or damage of any kind, however caused (including by negligence), through you using our site and its products and material.

We’re also not liable if your computer system, software or data is damaged or interfered with because you use our site or participate in our programs.

This disclaimer applies to Viability, our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors of our website content, products and services.

Accepting loss or damage

This disclaimer covers loss or damage because:

  • you rely on our website and any third party material or software to be suitable, accurate and reliable
  • there is a website failure, error, omission, interruption, deletion or defect; we do not correct a defect; a computer virus or a component causes damage; or data is lost
  • there is a delay in site operation or transmission, or a communication line fails
  • issues arise from e-commerce transactions such as wrong credit card details or incomplete or delayed transactions.

It also covers loss or damage because:

  • a third party acts illegally, like by hacking, stealing, destroying content, or accessing or altering records
  • you access a third party site or server through our email or website
  • a third party’s conduct is defamatory, threatening, offensive or illegal, or material is published about or causes such conduct
  • we breach our Privacy policy, other than doing so willfully.

How about liability and indemnity?

Our total liability to you (if any) under our website terms and conditions for loss, damage or reliance is limited to resupplying our website information or the resupply for any faulty products you buy through our site.

We are not liable if you buy a product or program that do not suit your needs.

We will not be liable for lost profits, lost data, business interruption or other damages including, but not limited to, con- sequential, special or indirect damages.

Third party providers

Participation in V-Teamwork Programs may require you to access websites or services provided by third parties subject to additional terms and condition. You agree to comply fully with the terms and conditions associated with those sites and to behave in accordance with any code of conduct published by the third party.

Indemnifying us against loss

You agree that you indemnify us from and against any action, liability, cost, loss and damage (including legal fees) that you, we or a third party suffers because you or your agents:

  • breach our terms, disclaimers and policies
  • infringe our intellectual property rights or those of a third party linked on our website
  • have a dispute with a third party from using our website or participating in our program
  • breach the terms, disclaimers and policies of any third party providers
  • break the Australian laws and regulations that apply.

Complying with the law

The laws of Queensland and Australia govern our terms and policies. If any part of them is found to be invalid or unenforceable, it will be removed without affecting the rest.

Entire Agreement

These Terms constitute the entire agreement between you and Viability with respect to the subject matter of these Terms, and supersede and replace any other prior or contem- poraneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Viability’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Viability may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the V-Teamwork Programs.

Termination

You’re free to stop participating in our programs at any time. We also reserve the right to suspend or end your participation at any time at our discretion and without notice. For example, we may suspend or terminate your participation in a V-Teamwork program if you’re not complying with these Terms, or participate in a manner that would cause us legal liability, disrupt the program or disrupt others’ use of the program. We reserve the right to terminate and delete your account on our website if you haven’t accessed the website for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.

No refund for termination:

If we terminate your participation you will not receive a refund. If you withdraw after the program begins, you’re not eligible for a refund unless we determine that extenuating circumstances apply (such as approved medical conditions, involuntary changes in employment, family/personal circumstances, and/or financial hardship reasons).

Cancellation and Refund Policy

Open enrollment V-Teamwork courses are held based on sufficient enrollment. We will do our best, however no guarantee of any kind is made regarding holding any scheduled course. If we cancel a course, we will give you the option of a full refund or transferring to another course within 6 months.

If you cancel your enrollment in writing more than 7 days before the program starts, you will receive a full refund. If you give 7 days or less notice of cancellation you will receive a refund less a $300 administration and materials fee.

Satisfaction Guarantee

If you are not satisfied with our work after you have completed your program, then neither are we. If, after completing and fully participating in the program (i.e. attending all sessions and completing all work), you are not 100% satisfied with the outcome, contact us in writing within 60 days, let- ting us know why, and we will refund your fee.

About confidentiality

All sessions are strictly confidential to allow for open and honest discussion. We respect participants’ privacy and insists that participants respects other participants privacy.

You understand that you may be made privy to certain proprietary and confidential information about Viability and/or other participants which may be shared or exchanged with other program participants and coaches. You agree to keep confidential and not to disclose any personal or proprietary information, which may be overheard, learned or otherwise obtained while participating in the Program.

All information provided by you in written assignments and shared in group reflection sessions, including regular conference calls, is available to other Program participants for their review.

We do not guarantee the privacy and/or confidentiality of any information you disclose. We recommend that you not share any information that may be damaging or harmful if made public. We urge you to be prudent, dignified and responsible with regard to sharing any information.

The program makes use of a public website and email, for the facilitation and delivery of the program and uses a public conference call system for program calls. Though these sites are password protected and meant to be exclusive and only made available to participants, we make no guarantee of privacy. You are responsible for the information you place on the web site and shared in group sessions. We do not share, sell or otherwise transact with the private information provided by participants, including contact information.

You agree not to publish, sell, disclose or otherwise make public any information posted to the web site by any participant in this program or any other V-Teamwork program or event, including, but not limited to names and contact information.

Any feedback or complaints?

Please contact Viability with any comments or complaints. We really appreciate your feedback.

Resolving Disputes

Let’s have a conversation for possibilities first. We want to address your concerns without needing a formal legal case. Before filing a claim against Viability, you agree to try to resolve the dispute informally by contacting dispute-notice@viability.com.au. We’ll try to resolve the dispute informally by contacting you via email, phone or videoconference. If a dispute is not resolved within 15 days of submission, you or Viability may bring a formal proceeding.

We Both Agree To Arbitrate

You and Viability agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Arbitration Procedures

The Institute of Arbitrators and Mediators Australia (IAMA) will administer the arbitration under its IAMA Arbitration Rules. The arbitration will be held in the Brisbane, Australia, or any other location we agree to.

Arbitration Fees and Incentives

The IAMA rules will govern payment of all arbitration fees. Viability will pay all arbitration fees for claims less than $25,000. Viability will not seek its legal fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate

Either you or Viability may assert claims, if they qualify, in small claims court in Queensland or other Australian State where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute- resolution process described above.

No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Judicial forum for disputes

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Viability agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Queensland, Australia. Both you and Viability consent to venue and personal jurisdiction there.