Relationship Reset Online Program Terms & Conditions

Operative Part
Our Children Australia Pty Ltd ACN 159 535 903 (OCA) trading as The Relationship Architect (TRA) operates the Website (TRA website) under licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust and provides access to End Users on the terms and conditions contained in this End User Licence Agreement (EULA).

The End User would like to use the Improving Your Relationships Program (IYR) accessed on the Website.

1. Definitions and interpretation
1.1 Defined terms

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of the Broadcasting Services Act 1992 (Cth).

Child or Children means a person or persons under the age of eighteen (18) years old about who the Parties upload Content about to the TRA Website.

Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Documentation means any user manual, guides, explanatory notes or memoranda that may or may not be supplied with the Program provided by TRA as updated from time to time.

End User means a Party that purchases a any program, goods, audio or video content from OCA pursuant to the terms and conditions of this End User Licence Agreement.

EULA means End User License Agreement.

Force Majeure means an unforeseen event beyond the control of the affected party, including an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, hacking, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, ransomware or other malicious code.

Insolvency Event means circumstances in which a Party takes any corporate action, or any steps are taken or legal proceedings are started for:

its winding-up, dissolution, or liquidation;
the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it; or
seeking or being granted protection from its creditors, under any applicable legislation.
Intellectual Property (IP) means all industrial and intellectual property rights including, without limitation, patents, copyright, trade marks, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).

Non-Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded

Payment Fee means the amount of money paid by an End User in exchange for the right to use the IYR program or receive any goods or services from TRA.

Party means a person that has agreed to be bound by the terms and conditions contained in this End User Licence Agreement who is granted permission to access the Content.

Personal Information includes Submitted Material and information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Program means IYR available on the TRA Website used by End Users.

Term means the lifetime duration of the program only. It does not mean the lifetime of the End User or the Lifetime of Lorrie Brook or the Companies of Our Children Australia Pty Ltd or Nobelle Pty Ltd.

Upgrades means any modifications, new or revised versions of the source code which the Program requires to operate more efficiently or effectively, as determined by TRA in its sole discretion.

Website means the Program operated under licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust located at the URL, which the End User obtains a right to use.

Works means the source code embedded in the software that contains all algorithms, source code, and system logic relating to the Program that is subject to this End User Licence and Hosting Agreement which TRA operates under licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust.

1.2 Interpretation
Reference to:

  1. one (1) gender includes the others;
  2. the singular includes the plural and the plural includes the singular;
  3. a person includes a body corporate;
  4. a Party includes the Party’s executors, administrators, successors and permitted assigns;
  5. to an amount of money, to $, $A or dollar is a reference to the currency of Australia;
  6. a statute, regulation or provision of a statute or regulation (a Statutory Provision) includes:
  7. that Statutory Provision as amended or re-enacted from time to time; and
  8. a statute, regulation or provision enacted in replacement of that Statutory Provision;
  9. including and similar expressions are not words of limitation;
  10. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
  11. headings and the table of Contents are for convenience only and do not form part of this Agreement or affect its interpretation; and
  12. a provision of this Agreement must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

2.Licence and payment
2.1 Grant of Licence
TRA grants the End User a non-exclusive, limited Licence to use the Program for a period of six (6) months only in exchange for the payment of the Payment Fee.

2.2 Payment Fee
End Users agree to pay the Payment Fee to access the Content on the Website for a period of six (6) months only.

2.3 Refund Policy
2.3.1 Voluntary refunds:

(a) If you work through the first module of the Improving Your Relationships Program and are not totally happy with it, then we will refund your money. Improving Your Relationships Program has a 7 day money back guarantee and refund period.

I believe in my courses and your growth, development and results from investing in my programs. This type of progress requires that you follow the course and do the work. You must demonstrate that you have participated in the Course by accessing course content and/or joining the Facebook community before requesting a cancellation of your course membership and refund. We may request the submission of completed worksheets, activities and exercises in considering your refund request. A change of mind does not constitute a valid reason for cancellation and request for refund. In considering your refund we may also charge an admin fee at our discretion.

Requests for refunds must be made in writing via this form within the defined refund period as listed above in section 2.3.1 (a).

(b) If you receive your money back you must delete every copy of the product and materials that you have downloaded as well as copies you have placed on other devices or media.

(c) being removed or banned from the Facebook group does not entitle you to a refund of your Improving Your Relationships Program enrolment fee.

2.3.2 You may be entitled to a refund as a result of your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

2.3.3 If you are entitled to a refund, we will refund your money within two weeks of notice to us and the entitlement arising.

2.3.4 If you are required to return any goods, you are liable for the cost of returning those goods unless the cost is significant.

2.3.5 Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you may be liable for the costs of exchange.

2.4 Specific prohibitions on use

End Users agree that they must not:

  • use the Program for any purpose or in any manner other than as set out in clause 2.1 and 2.2;
  • use the Program in any way that could damage the reputation of TRA or the goodwill or other rights enjoyed by TRA;
  • permit any third Party to obtain access to the Program;
  • de-compile, disassemble, decrypt, or otherwise reverse engineer the Program or permit any third Party to do so; or
  • copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code associated with any third party licenced software which is incorporated into the Program

3.Use of Account and termination
3.1 Member Account and Password
End Users agree to keep any passwords provided by the Website confidential. Users are expressly prohibited from sharing their username and password with third parties and must take all reasonable steps to keep their passwords secure.

3.2 Termination of End User’s Account
TRA reserves the right to limit, cancel, suspend or terminate an End User’s Account by providing seven (7) days’ notice to the End User, and without providing a reason, if TRA believes the End User is breaching any of the material terms of this Agreement.
End Users agree not to hold TRA liable for claims, demands or damages (including actual and consequential) of any kind, for the closing of an End User’s account associated with its breach of this EULA.
3.3 Ownership of Intellectual Property
The Licensor retains all right, title and interest in and to all Intellectual Property in the Works contained in the Program, other than any software incorporated into the Program under licence from a third party.
End Users acknowledge that they do not acquire any Intellectual Property Rights, either express or implied, in the Program and the Documentation beyond the terms contained in this End User Licence Agreement.
3.4 No obligation to support
Provided that the Program functions and is fit for purpose, TRA has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Program.

4.Warranty disclaimer

4.1 Warranties

To the fullest extent permissible by law, but subject always to any Non-Excludable Condition, the Program is provided to the End User without any representations or warranties. End Users agree to use them it at their sole risk.

Subject to the Non-Excludable Conditions, and to the fullest extent permissible by law, the Licensor expressly disclaims all warranties of any kind with respect to the Program and the Documentation, whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title of non-infringement.

4.2 Limitation of liability

Subject to TRA’s compliance with the Non-Excludable Conditions and to the fullest extent permissible by law, The Relationship Architect is not liable (whether in contract or tort, including negligence) for anything the End User does to a third party as a result of using the Program:

for any inability to use any third party equipment or access to data;

for loss or corruption of data regardless, of whether the loss is direct or indirectly caused by use of the Program; and

for any indirect, incidental, punitive, special, or Consequential Loss or damage whatsoever, in each case, arising out of the use or inability to use the Program or Documentation, even if TRA has been advised of the possibility of such damages or if such damages are foreseeable. Subject to the obligations of TRA under the Non-excludable Conditions, and to the fullest extent permissible by law, in no event will TRA’s liability for damages exceed the amounts actually paid by End Users to TRA for the use of the Program.

To the fullest extent permitted by law, TRA’s liability for a breach of a Non-Excludable Condition is limited to:

the supplying of the services again; or

payment of the cost of an equivalent Subscription.

Notwithstanding this clause 4, or anything else contained in this Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.

4.3 Limitation of liability

Subject to any Non-Excludable Condition, any loss or damage which is or may be suffered by an End User in connection with the use of the Program is expressly disclaimed by TRA. TRA limits its liability for breach of a warranty under this Agreement, or for a breach of a condition or warranty it cannot lawfully exclude to the extent permitted by law, and is fair and reasonable for Licensor to do so, to:

  • a resupplying the Program; or
  • paying the Subscription Fee to the End User for an amount of money equivalent to the Subscription Fee previously paid that month.

4.4 Indemnity
End Users indemnify, defend and hold harmless TRA in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with:

any breach of this Agreement;
the End Users negligent acts or omissions; and
use of the Program, including any third party claims made in connection with, or arising out of, the End Users use of the Program and the Content provided by other End Users.

5.1 Privacy policy
The End User agrees and consents to TRA’s handling of Personal Information in accordance with its Privacy Policy.
TRA’s Privacy Policy, as amended from time to time, is available on its website.
The End User acknowledges and agrees that Personal Information uploaded to the Website is intended to be kept until all of the End User’s Children reach an age of eighteen (18) years old, and this information will be kept for the purposes of operating the Program.
5.2 Consent to the provision of information to third parties
The End User acknowledges that its Personal Information, may be provided to third parties where required in order to operate the Software.

6.1 Termination by TRA
TRA can terminate this Agreement without notice if:

  • it no longer has the right to provide the Program to End Users;
  • the Licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust, is terminated for any reason;
  • the End User commits a breach of any of the material terms and conditions of this Agreement;
  • the End User’s subscription expires and a request for payment is not met after fourteen (14) days of making such request.

6.2 Termination by End User
The End User is deemed to terminate this Agreement if they fail to maintain the currency of their subscription.

7.Miscellaneous provisions
7.1 Assignment
TRA may assign this Agreement by notifying the End User of the Assignment. The End User cannot assign the terms and conditions contained in this Agreement without the express consent of TRA.

7.2 Entire Agreement
This Agreement contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements or understandings between the Parties.

7.3 Governing law and jurisdiction
This Agreement is governed by the law applicable in the State of Queensland, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of Queensland, Australia.

7.4 Intellectual Property Rights
Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights from the Licensor to the End User.

7.5 Severability
Part or all of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining parts of the provision or provisions of this Agreement continue in force.

7.6 Survival
The following clauses survive termination of this Agreement clause 2.4, 4, 7.3, 7.4 and 7.6 survive termination of this Agreement.