(SCROLL DOWN TO READ THE TERMS AND CONDITIONS FOLLOWING THE PRIVACY POLICY)
Your OT Tutor ABN 47 558 573 310 (Your OT Tutor, we, us, our) values your privacy and takes the protection of your personal information seriously.
Our Privacy Policy outlines how we collect, use, and protect the personal information of our clients, customers, and website visitors.
We will handle your personal information in accordance with this Policy, and legislation including the Privacy Act 1988 (Cth) and the Australian Privacy Principles. In this Policy, 'personal information' means any information or opinion about an identified individual or an individual who is reasonably identifiable, whether true or not. It does not include information that is de-identified.
We may change this Policy from time to time by updating this webpage. You should check this page regularly to note any changes we may have made to the Policy. Your continued use of our website located at https://yott.au/ (Website) after the effective date of the change confirms your agreement to the updated Policy.
TYPES OF PERSONAL INFORMATION WE COLLECT
The types of personal information we collect about you depends on the dealings you have with us, and may include: - contact information (such as your name, residential address, postal address, email address and phone number);
- payment details;
- basic demographic details (such as age, sex, role or caseload type);
- details about the company (such as the name of the organisation you work for, your professional title, number of staff, website URL and membership organisation);
- client-specific information (such as your learning and career goals and professional challenges); and
- your interests and preferences.
DEALING WITH US ANONYMOUSLY OR USING A PSEUDONYM
Where possible and lawful, you may interact with us anonymously or using a pseudonym. For example, if you contact us with a general question you may use a pseudonym unless we need your name to adequately handle your question. You may also choose to purchase one of the online courses or products using a pseudonym. However, for many of our functions and activities we usually need your name, contact information and other details to enable us to provide our services or products to you.
WAYS WE COLLECT YOUR PERSONAL INFORMATION
We may collect personal information from you directly when you interact with us in person, via telephone, through electronic correspondence (e.g. email, or social media messages) and your interaction with our Website.
Where it is unreasonable or impracticable to collect personal information directly from you, we may collect the information through third parties with whom we interact in order to provide our services and publicly available sources, including social media.
COLLECTION OF INFORMATION VIA OUR WEBSITE
When you visit our Website, we may use 'cookies' or other similar tracking technologies that help us track your usage and remember your preferences. Cookies are small files that store information on your computer, mobile phone, or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. We use several types of cookies: ·
- session cookies are temporary cookie files that expire when you close your web browser;
- persistent cookies are cookie files that remain until you erase them or they expire;
- first-party cookies set by Your OT Tutor; and
- third-party cookies are cookies set by a third-party website.
Cookies make using our Website easier by, among other things, saving your passwords and preferences for you. Most browsers are initially set up to accept cookies. In general, we use the following types of cookies:
- essential cookies, which are essential to provide you with services you have requested. If you set your browser to block these cookies, these functions and services will not work for you;
- performance cookies, which measure how often you visit our Website or social media and how you use them. We use this information to get a better sense of how our users engage with our Website, and to improve our Website, so that users have a better experience. For example, we collect information about which of our pages are most frequently visited, and by which types of users;
- security related cookies, which keep our services and your data safe and secure, such as by helping us detect fraud and guarding your data, which is an essential aspect of our services; and
- marketing cookies, which are used to collect information about your visit to our Website, the content you have viewed, the links you have followed and information about your web browser, device and IP address.
Your browser or device will typically offer settings regarding the use and scope of cookies, as well as cookies currently stored. Please see your browser’s or device’s reference information to learn how to adjust your settings. You can disable cookies through your internet browser but our Website may not work as intended for you if you do so. Please be aware that some services we offer will not work if you block or delete cookies.
Whilst we do not use browsing information to identify you personally, we may record certain information about your use of our Website, such as which pages you visit, the time and date of your visit, search engine referrals and the internet protocol address assigned to your computer.
Our web pages may contain electronic images, known as web beacons. These electronic images enable us to count users who have visited certain pages on our Website. Web beacons are not used by us to access your personal information, they are simply a tool we may use to analyse which web pages are viewed, in an aggregate number.
PURPOSE FOR WHICH WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION
Your OT Tutor collects, holds, uses, and discloses personal information to the extent that is reasonably necessary to carry out our primary business purpose as an organisation that provides education and consultancy services and advice, including:
- to manage and conduct our business, including processing payments;
- to communicate with our clients and customers, such as to offer or promote our products and services, and to obtain feedback;
- for internal research and analysis purposes to help us manage, develop and enhance our services, including our Websites; and
- to comply with our legal obligations, resolve any disputes and enforce our agreements and rights with third parties.
DIRECT MARKETING
We may use your personal information to identify a product or service that you may be interested in or to contact you about special offers, contests, registration forms, and surveys. We may, with your consent, use the personal information we have collected about you to contact you from time to time by email to tell you about new products or services and special offers that we believe may be of interest to you. You may opt-out of receiving future mailings from us at any time by unsubscribing from the mailing list using the 'update your subscription preferences' or 'opt-out' function embedded in the email.
DISCLOSING YOUR PERSONAL INFORMATION
In the course of providing our products and services to you, we may disclose your personal information to:
- third parties in order to provide our services, for example other organisations which collaborate with Your OT Tutor to deliver products or services from time to time;
- organisations we contract to provide services on our behalf such as software suppliers and mail houses;
- anyone to whom part of all of our assets or businesses are transferred or sold;
- our professional advisers, including lawyers, accountants, and auditors; and
- government agencies, regulatory bodies and law enforcement agencies, or other similar entities, where this is required by law.
Our Website is operated on servers located in various jurisdictions from around the world. When you access or use the Website and/or our services, and upload information through the Website, personal information about you may be transferred outside the country in which you are situated to these other locations.
SECURITY AND STORAGE
Security of personal information is extremely important to us. We may store your personal information in hard copy and electronically. We have implemented reasonable and appropriate steps (including technical, administrative, and physical security measures) to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification and disclosure.
We only keep your personal information for as long as it is required for the purpose for which it was collected, for our record keeping purposes (which usually require us to securely retain information for 7 years after we first collect it, or as otherwise required by law). If we no longer need to hold your personal information for any reason or we are no longer required by law to keep it, we will take reasonable steps to de-identify or destroy that information. These steps may vary depending on the nature of the information, the way it was collected and how it was stored.
ACCESS TO AND CONTROL OVER YOUR INFORMATION
We will endeavour to ensure that the personal information collected from you is up to date, accurate and complete. You may request access to, or correction of, the personal information we hold about you at any time by contacting Your OT Tutor on the details below.
We will need to verify your identity before responding to your request. Subject to any applicable exceptions or requirements, we will provide you with access to the personal information you request within a reasonable time and usually within 30 days. If we decide to refuse your request, we will tell you why in writing and how to complain. We won’t charge you for simply making a request to access or correct personal information. However, we may charge reasonable costs for carrying out your request.
COMPLAINTS OR CONCERNS
We take your privacy concerns seriously. You can make a complaint in writing to our Privacy Officer using the details set out above. All reasonable efforts to address a complaint and achieve an effective resolution will be made within 30 working days or as soon as practicable.
If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC) via the OAIC website at www.oaic.gov.au.
CONTACT US
If you have any questions or comments regarding this Policy, wish to make a complaint or exercise your privacy rights, please contact our Privacy Officer using the details below:
Email: yourottutor@outlook.com
Phone: 0413 079 820
Last updated 30 January 2023
TERMS AND CONDITIONS
ABOUT THIS POLICY
Your OT Tutor ABN 47 558 573 310 (Your OT Tutor, we, us, our) provides online courses, coaching programs and other training and advice for allied health and medical professionals subject to the terms and conditions outlined in this policy.
By registering to attend or otherwise participating in any online training or course provided by us, or purchase or use of resources and products, you acknowledge that you have read, understood, and agree to:
- this Terms and Conditions policy; and
- our Privacy Policy.
Both these documents are available via our website: https://yott.au. If you do not agree with these policies you must immediately stop participating in and engaging with our products and services.
This Terms and Conditions policy may be amended by us from time to time. The most up-to-date policy will always be published on our website. You should check the website regularly to take note of any changes.
COURSE ACCESS
1. Payment for a course or product/resource allows for participation or use by ONE INDIVIDUAL per purchase, unless otherwise specifically stated in the course advertising material, or with prior written confirmation provided by Your OT Tutor.
2. Your right to access and use the course content is personal to you and must not be transferred. Your username and password are personal to you. You must take care that your username and/or password are not provided, disclosed, or otherwise transferred to anyone else.
3. You agree that you are liable for any unauthorised use of your username and password.
4. You agree you will not provide access to, or otherwise on-supply, some or all of the content to anyone else.
5. Your OT Tutor does not warrant or make any representations or guarantees regarding participant outcomes, success, or income levels following participation in any courses, programs, or training. You accept all responsibility for evaluating your learning potential, the suitability of the Your OT Tutor courses, training, and resources for your needs, and how this may translate to growth in your clinical service provision or earnings.
6. You agree that though we try to ensure the availability of the content or products/resources, and make sure the content is secure, we do not represent, warrant, or guarantee the availability of the course content or other resources/products in any way. We are not responsible if the content or resources are unavailable at any time, whether due to:
- telecommunications or internet connectivity issues, interruption or unavailability;
- any acts or omissions of any third party including any third party service ceasing for any reason;
- our planned or unplanned maintenance or repairs on any system used in provision of the Content; or
- any events beyond our control.
7. We can immediately, without liability to us and without affecting any other of our rights, suspend or terminate your access to or use of the course content, or participation in training programs, at any time without giving any explanation for such suspension or termination.
8. If your access and use of Content is suspended because you have not paid any amounts that are due, we may continue that suspension until the relevant payment is received in full by us.
9. We can terminate Our Terms immediately by notice in writing to you if you breach any condition of Our Terms and you fail to rectify that breach within 14 days of receiving a notice from us requiring you to fix it. You agree that if Our Terms terminate at any time, no refund of the Fee paid by you will be provided by us, and we are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access or use of the content. We are not liable if, for any reason, our Content is unavailable at any time.
INFORMATION PROVIDED DURING COURSE
10. You understand that participation in a training or course is not a substitute for professional, clinical, healthcare, legal, accounting or insurance advice.
11. The advice and training provided by Your OT Tutor is for educational purposes only. We try to ensure that the information that we provide in our content is accurate and current. However, we cannot represent, warrant, or guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency, or completeness of anything contained in the content or on any related content. You must be aware that the source documents mentioned in the content may change at any time and without notice.
12. All materials, including any videos, images, diagrams, and anecdotes, in any course or training content are demonstrations and provided for illustrative purposes only. Any resemblance to any real person, living or dead, is purely coincidental unless expressly indicated otherwise.
13. Unless otherwise stated, the course and training content has not been reviewed by or received any endorsement or approval from any governmental, regulatory, or professional body including the Commonwealth Government of Australia or the National Disability Insurance Agency.
14. Sometimes it may include a summary or general overview of matters which may be of interest to you. It is not comprehensive and does not constitute clinical or legal advice. You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on information provided to you in a course.
15. Do not disregard any professional advice that you have received, or delay in seeking your own professional advice because of something you have viewed on our website, in any course or training content, or otherwise provided by us.
YOUR USE OF THE CONTENT
16. Sharing of course content, including playing course videos for groups of employees, sharing course content with others who have not purchased the specific course or resource, or posting course content on the internet or social media platforms, is strictly prohibited.
17. Occasionally some specific resources within a course may be exempt from this rule and it will be allowable for course attendees to share these specific resources with their immediate network of colleagues or employees, however, in these instances, advice will be provided in written format and/or you may seek written approval from Your OT Tutor prior to sharing the specific resource.
18. You will not download or otherwise copy any material (including video, images, text or animation or otherwise) from any part or all of the course or training content, or communicate or distribute such material without our express prior written permission.
19. You will not change, modify, improve, translate or adapt, or otherwise create any derivative work from all or any part of the course or training content, except to finish a module.
20. You will not commercialise (or use for any purpose other than personal use), sell, rent, lease, distribute, or otherwise transfer, assign or distribute all or part of the course or training content, or any derivative content, by itself or within any goods or services of your own.
21. You will not copy, reproduce, communicate, republish, frame, submit, upload, post, distribute, transmit, sublicence or grant any rights in all or part of the course and training content, or any derivative content.
22. You will not use the course or training content for any purpose which is illegal or unlawful.
LIABILITY AND INDEMNITIES
23. You agree that Your OT Tutor, and its owner Clare Batkin (indemnified officer) is in no way responsible for any personal injury, loss or death you may suffer as a result of participating in the training and courses, and I hereby agree to irrevocably and forever release, indemnify and hold harmless Your OT Tutor and its indemnified officers from any and all claims that I have now or may have in the future against Your OT Tutor (or its indemnified officers) arising out of or in connection with participation in the training and courses, or use of products/resources. Additionally, Your OT Tutor (and its indemnified officers) are not in any way responsible for any loss or damage of my personal property.
24. Any conditions, rights, warranties or guarantees implied by law into this Terms and Conditions policy are expressly excluded to the fullest extent permitted by law, but nothing in this policy excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.
25. If the Australian Consumer Law applies to any of the goods or services we provide to you under this Terms and Conditions policy, our total liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis (Liability) to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):
- in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
- in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
26. To the extent permitted by law:
- Your OT Tutor (and its indemnified officers) excludes Liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort or otherwise, suffered or incurred by any person in connection with or in any way relating to advice, training and courses provided by Your OT Tutor; and
- our total Liability and the total Liability of our indemnified officers in connection with this Terms and Conditions policy whether under contract or tort, will not in any circumstances exceed the total amount you have paid us for the product to which your claim relates.
INTELLECTUAL PROPERTY AND CONFIDENTIALITY
27. Your OT Tutor reserves all rights in relation to intellectual property created and used by it in training and courses and in any information or documentation provided during training and courses. Your OT Tutor has taken reasonable care to ensure that it has permission to use the intellectual property of others. Misuse of any intellectual property of Your OT Tutor (including distributing, modifying, transmitting, reproducing or using the content without prior consent) is strictly prohibited.
28. You agree to keep confidential all information disclosed by or on behalf of Your OT Tutor, its indemnified officers and any other participant in a training or course (each, a discloser). You must not disclose the confidential information except with the discloser's consent or to the extent required by law.
29. You agree that your obligations relating to intellectual property and confidential information continue after your engagement of Your OT Tutor ceases.
PHOTOGRAPHS & TESTIMONIALS
30. During a live online course you are able to participate without your video being on. This will mean that the instructor and other course participants will not be able to see you.
31. Your OT Tutor may take photographs and/or screen recordings of you and/or others participating in a course from time to time. You will be given notice of any photograph or screen recording before it is taken and given the option to be excluded. You understand these photographs or screen recordings may be used in marketing materials published by Your OT Tutor, including on social media accounts.
32. Your OT Tutor may ask for feedback or a testimonial from you, to be used in marketing materials published by Your OT Tutor. You reserve the right to say no, without any penalty.
PAYMENT
33. Your OT Tutor provides some training, courses and products/resources for a fee and other training, courses and products/resources for free. If there is a fee payable for a course, you will be notified in advance. The advertised cost of a course or resource may change without notice; the actual cost of the product will be as is shown in the payment checkout at the time you make your purchase. Previously advertised prices will not be honoured unless otherwise negotiated with the owner of Your OT Tutor, Clare Batkin.
34. Where Your OT Tutor provides a course for free, you acknowledge that provision of the course and your participation in the course constitute good consideration for the purposes of this Terms and Conditions policy.
35. We use third party gateways, such as Stripe, to process payments for purchases made on our website. Your use of those third party services is subject to those third parties' terms.
36. Unless otherwise expressly stated in writing, all amounts are exclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.
37. You represent and warrant that all details you provide to us for the purpose of purchasing the course, training, or resource/product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
38. If your payment is dishonoured or reversed for any reason after it has been submitted, you must immediately make the payment again. If you do not pay the fee for a course or training before the course or training commences or within a reasonable timeframe thereafter, Your OT Tutor may refuse you entry or otherwise exclude you from any of its training and courses in the future.
REFUNDS
39. We only accept returns as set out in this clause or as required under Australian Consumer Law or other laws that cannot be lawfully excluded. It is your responsibility to assess the suitability of our products prior to making a purchase. We do not offer refunds or exchanges for change of mind.
40. We may offer you a partial or full refund on a case-by-case basis, at the discretion of Your OT Tutor. If you wish to receive a refund, you must contact Your OT Tutor via the contact details outlined below, outlining the reasons for why you feel a refund is appropriate.
41. In the event that the goods or services cannot be delivered on an agreed date, we will contact you to arrange an alternative time. If no alternative time can be agreed upon, we will offer a partial refund.
YOUR PRIVACY
42. We collect, store and us ‘personal information’ (as defined in the Privacy Act 1988 (Cth)) which you provide to, or is otherwise collected by us through your access to and use of Your OT Tutor’s course content or training/coaching programs, as set out in our Privacy Policy.
GENERAL
43. This Terms and Conditions policy is governed by the laws of Queensland, Australia.
44. If any portion of this Terms and Conditions policy is deemed by a court of competent jurisdiction to be invalid, then the remainder of the agreement form shall remain in full force and effect.
45. Your OT Tutor may refuse you entry or otherwise exclude you from any of its training and courses for any reason, including if you do not comply with any part of this Terms and Conditions policy at any time.
CONTACT US
If you have any questions or comments regarding this Policy, wish to make a complaint or exercise your privacy rights, please contact our Privacy Officer using the details below:
Email: yourottutor@outlook.com
Phone: 0413 079 820
Last updated 2 April 2023