PLECS Learning Terms and Conditions | The PLECS Approach 12 Week Program
This agreement is between LUNA WIMA Pty Ltd (as trustee for the Luna Wima Trust) trading as PLECS Learning (ABN: 49234390102) (herein referred to as “PLECS Learning”) and yourself (herein referred to as “the participant”) on the following terms and conditions:
TERMS & CONDITIONS OF THE ACCESS TO THE PROGRAM OR COURSE:
In these terms and conditions, a reference to a “PLECS Learning Program” means any course, program, seminar, module, consultation or other content made available or service or product offered by PLECS Learning or its employees, contractors or agents, and includes notes, handouts and any other materials provided or made available to a participant in connection with the foregoing in any format or medium, whether accessed once or more than once and whether offered or made available in person or online.
The client understands, acknowledges and agrees to the following terms which apply to the participants to a PLECS Learning Program, whether access to the PLECS Learning Program is new or repeated:
PLECS Learning is committed to providing the participant with a positive experience. PLECS Learning reserves the right to limit, suspend or terminate the participant’s access to the PLECS Learning Program, at its discretion, to any of its coaching programs without refund or forgiveness of remaining payments if:
- The participant becomes disruptive or difficult to work with;
- The participant fails to follow the program guidelines; or,
- The participant impairs the participation of our instructors or other participants in our program(s).
The participant’s attendance in the program is mandatory, to get the most out of the PLECS Learning Program. The parent/carers role is essential to the effectiveness of PLECS Learning Program and you understand that 100% commitment to PLECS Learning Program is required to achieve greater success. At-home exercises, nutrition, and recommended life-style changes are a vital part of the PLECS Learning Program to achieve and maintain results. Your hard work and commitment to the program requirements and protocols of the program lead to a greater success for your child. You also understand that your child may be recommended to take part in the PLECS Learning Program for a period longer than 12 weeks, due to their age and/or level of difficulties. For some children 6 – 12 months may be recommended. After completion of the PLECS Learning Program at home exercises, nutrition and life-style changes will be encouraged to continue externally.
2.0 Privacy & Confidentiality:
PLECS Learning respects the privacy of the participant and, in turn, requires the participant to respect the privacy of all other participants in the PLECS Learning Program.
PLECS Learning respects the participant’s confidential and proprietary information, ideas, plans and trade secrets (herein known and referred to as “Confidential Information”) and requires the participant to respect the Confidential Information of PLECS Learning and all other participants in the PLECS Learning Program.
The participant therefore agrees:
- Not to infringe any of PLECS Learning Program participants or PLECS Learning copyright, patent, trademark, trade secret or other intellectual property rights;
- That any Confidential Information shared by PLECS Learning participants or any representative of PLECS Learning is confidential and proprietary and belongs solely and exclusively to the participant who discloses it or PLECS Learning;
- Not to disclose such information to any other person or use it in any manner other than in discussion with other participants of the PLECS Learning Program during sessions;
- That all materials and information provided to the participant by PLECS Learning is confidential and proprietary intellectual property and belongs solely and exclusively to PLECS Learning may only be used by the participant as authorised by PLECS Learning;
- The reproduction, distribution and sale of these materials by anyone but PLECS Learning is strictly prohibited;
- That if the participant violates, or displays any likelihood of violating, any of the participant’s agreements contained herein, PLECS Learning and/or the other participant(s) of PLECS Learning Program will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While the participant is free to discuss their individual results from PLECS Learning programs and training, the participant must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence. The participant further agrees that their participation is subject to PLECS Learning Privacy Policy and Terms of Use accessible at www.plecslearning.com.au.
3.0 Content
The PLECS Program education and information is intended for a general audience and does not purport to be, nor should it be construed as advice or counseling tailored to any specific business or industry. All materials, procedures, policies and standards, manuals, teaching aids, and the like that have been or will be made available by PLECS Learning or its designated facilitators, or any other source, oral or written, are for individual use in or in conjunction with this program only.
The PLECS Learning Program content is for individual use only, and may not be sold, tape-recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of PLECS Learning, or its designated agent.
The information contained in the PLECS Learning Program material is strictly for educational purposes. Therefore, if the participant wishes to apply (or not apply) ideas contained in this material, the participant takes full responsibility for their actions.
PLECS Learning assumes no responsibility for errors or omissions that may appear in any program materials.
PLECS Learning reserves the right to change those referred to as ‘the experts’ of the PLECS Learning Program or course at PLECS Learning discretion without prior notice to the participant.
4.0 Rights to Use Name & Likeness
The participant hereby consents to the use of your their, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. The participant’s consent is granted to PLECS Learning and extends to such use without restriction or limitation as to time or geographic boundary. The participant hereby waives all rights they may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by PLECS Learning for any product and/or service in connection with such use and publication. The participant also waives any right to inspect, review or approve any photograph, recording, or other written material at any time, and waives the right to approve the use and medium of publication determined PLECS Learning.
The participant understands that PLECS Learning owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
5.0 No Guarantee
The Program or course hosted by PLECS Learning does not provide a specific guarantee of outcome to the participant or their child. We make no claims, representations, warranties or promises (express or implied) in relation to your results from or the effectiveness of the PLECS Learning program, because there are children with limited abilities, it is the responsibility of the user to determine if the methods and strategies are right for the child.
We have no control or influence over how and how often you implement these methods and strategies, so you should not rely on the program or PLECS Learning or any of its directors, officers or employees for the success, failure or safety of your decisions relating to the information presented in the program.
No part of this program, course, materials or resources shall not be reproduced, transmitted or sold in any form, in whole or in part, without the written consent of the authorised agent of PLECS Learning. All trademarks contained herein are the property of their respective owners. Published 2021. ©PLECS Learning. We are not health professionals and you should always seek the advice of health professionals.
DISCLAIMER:
PLECS Learning is not responsible for any injury (or loss of property) to any person while at the learning centre for any reason whatsoever, including negligence. I hereby release, discharge, and agree to indemnify and hold harmless PLECS Learning and their agents from all claims, demands, and causes of action (including for negligence) that I have or may have by reason of such injury or loss of or damage to property.
WAIVER: In consideration for my/minor’s participation in the activity, I hereby waive all claims or causes of action, including ordinary negligence, against PLECS Learning its managers and members, and any of their employees, teachers, coaches, or agents, arising out of my/minor’s participation in the program wherever, whenever or however the same may occur. I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of Australia and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I have read this form and fully understand that by signing this form, I am giving up legal rights and or remedies which may be available to me/minor.
Agreement Statement
The participant hereby agrees, acknowledges and understands the terms and conditions of the PLECS Learning Course as outlined herein. The participant confirms their understanding that all program sales are non-refundable and waives any right to charge-back their purchase with their credit card provider.