THE YOUR OT TUTOR POLICIES

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, membership 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 or membership 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. Most courses are for a one-off fee however the Your OT Tutor membership is a recurring monthly subscription. 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.  

ADDITIONAL INFORMATION RELATED TO SUPERVISION AND TRAINING SERVICES

43. Cancellation policy for clinical supervision services:

- The supervisee can cancel Zoom sessions at any time prior to the scheduled appointment without penalty, however, if 3 appointments are cancelled in a row without reasonable justification, upfront payment will be required prior to rescheduling the next supervision session.

- If an appointment needs to be cancelled by Clare, arrangements will be made to reschedule the appointment as soon as possible.

- The client can discontinue a planned supervision schedule at any time without penalty; all services that have been provided must be paid for in full.  

44. Cancellation policy for live training sessions:

- If the client cancels the session within 10 working days of the booked session delivery, a fee equal to 50% of the service fee will be charged.

- If the client cancels the session within 48 hours of the booked session, the full service fee will be charged.

- If a session needs to be cancelled by Clare (e.g. illness or emergency), arrangements will be made to reschedule the training session as soon as possible. NB At this time Your OT Tutor does not have an alternative presenter who would be able to deliver the planned content therefore rescheduling would be required, or access may be provided to a recorded webinar as soon as possible, to compensate for the inconvenience.

45. Disclaimer for provision of supervision, consultancy, mentoring and training services:

- Advice will be provided based on Clare’s extensive clinical experience and in-line with best practice and current requirements of any relevant funding bodies (e.g. NDIS). Due to the inconsistent nature of approvals provided by funding bodies such as the NDIS, no guarantees can be made regarding whether a funding body will read and/or approve the recommendations made in any reports reviewed or discussed as part of Your OT Tutor supervision/training sessions. The client is able to cancel their engagement with Your OT Tutor at any time if they are not satisfied with the quality of the services provided, however, all services provided must be paid for in full, unless an alternative arrangement is made and agreed to by both parties.

- The training/coaching content is intended to assist therapists to improve their clinical and professional skills. While we attempt to thoroughly address topics and best practices as much as possible in the time allocated, it is not possible to include discussion of every scenario that may arise in clinical practice. While Your OT Tutor has endeavoured to ensure materials/coaching are as accurate and useful as possible, it does not accept any liability to any person for the information or advice (or the use of such information or advice), which is provided in the training materials or incorporated into it by reference. Provision of training should not replace regular workplace supervision sessions.

46. Management of intellectual property delivered in training, supervision, mentoring and consultancy services:

- The training materials provided are for the personal use of the attending therapist/s unless otherwise specified. Training materials are not to be reproduced and/or shared with other parties unless permission has been granted by Your OT Tutor.

GENERAL 

47.  This Terms and Conditions policy is governed by the laws of Queensland, Australia.

48. 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.

49. 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

50. 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 1 January 2024