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1. Introduction and Acceptance of These Terms
1.1 These Terms and Conditions (“Terms”) are the Terms of Use for the website located at https://www.bodyworkersuniversity.com (the “Website”), and also govern access to and use of the associated online community and educational platform known as “Bodyworkers University”, currently hosted on the Skool platform, the Company's social media accounts, and any content, courses, materials, live calls, recordings and communications made available through any of the above (together, the “Services”).
1.2 “Bodyworkers University” is not a separate legal entity or a registered trading name of a company – it is the name under which Bodyworkers Institute Pty Ltd (ACN 701 358 205) of 4/25 Premier Circuit, Warana, Queensland 4575, Australia (the “Company”, “we”, “us” or “our”) operates its online community, website and social media accounts (Instagram, Facebook, TikTok, YouTube and any other platform used from time to time).
1.3 By accessing or using the Website, creating an account, joining the Bodyworkers University community, purchasing a Membership, accessing any free or paid Content, or otherwise using the Services, you (“you”, “your”, a “Visitor” and, where you join the community, a “Member”) confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.
1.4 If you do not agree to these Terms, you must not access or use the Website or the other Services.
1.5 There is no separate “tick box” or click-to-accept step for these Terms. Instead, by accessing or using the Website, the Bodyworkers University community, or the Company's social media accounts, you agree to be bound by these Terms, and that agreement takes effect from the time you first access or use the relevant Service. If, in the future, the Company introduces a checkout, sign-up or other process that includes an explicit acceptance step (for example, a checkbox stating: “I have read and agree to the Bodyworkers University Terms & Conditions and Privacy Policy”), that acceptance will have the same effect as a signature, in addition to – and not instead of – the acceptance that already arises from your access or use of the Service under this clause.
1.6 These Terms apply in addition to, and do not replace, the terms of use, community guidelines and privacy policy of Skool Inc. (“Skool”), or of any social media platform or other third party used to deliver part of the Services (see clauses 17 and 33).
1.7 Bodyworkers University has Members and Visitors located in Australia and internationally. Clause 29 explains how these Terms interact with your local consumer protection laws if you are located outside Australia.
1.8 Clauses 7 to 21 of these Terms (which deal with community membership, conduct, confidentiality, live calls, fees and related matters) apply once you become a Member. All other clauses of these Terms – including the disclaimers, intellectual property, website, social media, liability and governing law provisions – apply to Members and to any other Visitor who accesses the Website or the Company's social media accounts, to the extent relevant to that person's use.
1.9 References in these Terms to the “Services” include the Website, the Bodyworkers University community, and the Company's social media accounts, unless the context requires a narrower meaning (for example, a provision expressed to apply only to paying Members).
2. Definitions
2.1 In these Terms, unless the context requires otherwise: “Content” means any text, video, audio, image, document, course material, live call, recording, exercise or stretch library entry, worksheet, framework, discussion post, comment or other material made available on or through the Services, whether created by the Company, an instructor, a guest contributor or a Member. “Member Content” means Content submitted, posted or uploaded by a Member. “Membership” means paid or free access to some or all of the Services. “Australian Consumer Law” or “ACL” means Schedule 2 to the Competition and Consumer Act 2010 (Cth). “Client” means a patient, client or other individual with whom a Member works in a professional capacity, who is not themselves a Member.
2.2 A reference to “the Company” in these Terms includes, where the context permits, its officers, employees, contractors, instructors and Guests acting in that capacity (together, “Company Personnel”). This means the disclaimers, exclusions and protections given to the Company under clauses 4 to 6, 9, 27 and 28 extend to Company Personnel individually, in addition to the Company itself. This clause does not impose any obligation on Company Personnel to Members or Visitors; the relationship between the Company and its own officers, employees and contractors is governed separately by their employment or engagement arrangements, not by these Terms.
3. About Bodyworkers University – Not an Accredited Educational Institution
3.1 “Bodyworkers University” is a brand and community name only. It is not, and must not be represented or understood as, a university, college, registered training organisation (RTO), higher education provider or other government-accredited or recognised educational institution under the laws of Australia or any other jurisdiction.
3.2 The word “University” is used purely as part of the brand name to reflect a community and philosophy centred on ongoing professional learning. It does not imply, and must not be interpreted as implying, any government accreditation, higher-education registration, or recognition by any professional, regulatory or educational body.
3.3 Bodyworkers University does not confer university degrees, diplomas, higher education awards, vocational qualifications or any other government-recognised academic or vocational qualification.
3.4 Completing any course, module, program, lesson or other educational material through Bodyworkers University does not, of itself, result in a professional qualification, licence, registration, certification or credential recognised by any regulator, licensing body, insurer, employer or professional association.
3.5 You must not represent, advertise or hold yourself out to any person (including clients, employers, insurers or regulators) as having obtained a university degree, professional accreditation, registration or government-recognised certification from, or by reason of, your participation in Bodyworkers University.
3.6 The Company does not currently issue certificates of completion, digital badges or other completion indicators. If the Company introduces any such acknowledgement in the future, it will indicate only that a person participated in or completed particular material, and must not be described, advertised or relied upon as an accredited qualification, licence or professional credential.
4. Educational Purpose Only – No Medical, Health or Professional Advice
4.1 All Content made available through the Services is provided for general educational and informational purposes only. It is intended for practitioners, students and others interested in human movement, bodywork and related fields, and is not directed at any individual Client's personal circumstances.
4.2 Nothing in the Services constitutes medical advice, diagnosis or treatment, physiotherapy advice, psychological advice, or other individualised healthcare advice, and no practitioner-client, therapist-client or other professional relationship is created between the Company (including any of its officers, employees, contractors, instructors or Guests) and any Member or any Client of a Member.
4.3 Content must not be used as a substitute for individual assessment, diagnosis, treatment or advice from an appropriately qualified and, where relevant, appropriately registered healthcare professional who has personally assessed the relevant individual.
4.4 Educational demonstrations, case discussions, example exercises, assessment techniques, rehabilitation concepts, clinical reasoning discussions and similar Content are illustrative only. They must not be interpreted as specific instructions to diagnose, treat, prescribe for or manage any particular person.
4.5 The Company, its officers, employees, contractors, instructors and Guests have no knowledge of, and cannot assess, the individual circumstances, history, presentation or needs of any Client. Whether any technique, exercise, assessment approach or intervention discussed in the Services is safe or appropriate for a given individual can only be determined by a suitably qualified professional who has personally assessed that individual.
4.6 This clause 4, and clauses 5 and 6, apply equally to Content that the Company, its instructors or Guests publish on the Website and on the Company's social media accounts (including Instagram, Facebook, TikTok, YouTube and any other platform used from time to time), whether or not you are a Member. Any post, video, reel, story, caption, live stream, comment or reply published by or on behalf of the Company on social media is general educational and informational content only, is not directed at your individual circumstances, and must not be relied upon as personal medical, health or professional advice.
4.7 Viewing, following, liking, commenting on, or privately messaging the Company's social media accounts or Website does not create a client, patient, therapist, coaching or other professional relationship between you and the Company, and does not make you a Member. The Company and its instructors cannot properly assess your individual circumstances, or those of any other person, through public or private social media interactions. Any general comment or reply given publicly or privately through social media or the Website is provided on the same general educational basis as other Content, and is subject to the disclaimers in this clause 4 and clauses 5 and 6.
5. Professional Scope of Practice
5.1 You are solely responsible for understanding and complying with all laws, regulations, professional standards, codes of conduct, registration requirements, insurance requirements and scope-of-practice restrictions that apply to you in the jurisdiction(s) in which you practise.
5.2 You must only use information, techniques or concepts learned through the Services to the extent that doing so falls within your own lawful professional qualifications, training, competence, insurance coverage and scope of practice.
5.3 Watching a lesson, attending a live call, or completing a course through Bodyworkers University does not expand, vary or authorise any change to your legal scope of practice. For example, education about an assessment or treatment concept does not, of itself, give a person who is not appropriately qualified or registered any permission to perform a regulated health service.
5.4 You are solely responsible for determining whether you are appropriately qualified, trained, insured, registered and legally permitted to use any information, technique or concept described in the Services within your own professional practice, and for obtaining your own professional or legal advice on scope-of-practice questions where needed.
5.5 Where use of a technique or concept falls outside your competence or scope of practice, or where a Client's presentation warrants it, you should refer the Client to a suitably qualified healthcare professional.
6. No Guaranteed Outcomes
6.1 The Company does not guarantee that: (a) a particular assessment approach will identify the cause of any person's symptoms; (b) an exercise, technique or intervention will resolve pain, injury or dysfunction; (c) any Content will produce a particular clinical, health or rehabilitation outcome for any individual; (d) Members will achieve any particular professional, financial or business outcome or result from participating in the Services; or (e) any Content applies to, or is appropriate for, every individual or clinical presentation.
6.2 Human health, pain, injury, movement and rehabilitation are complex and highly individual. Case studies, client demonstrations and examples used in the Services are provided as educational illustrations of reasoning and approach, not as representations or guarantees that similar results will be achieved in any other case.
7. Client Privacy and Confidentiality
7.1 Members may, for educational purposes, discuss cases involving their own Clients within the Bodyworkers University community. Protecting the privacy and confidentiality of Clients is of fundamental importance to the Company, and this clause 7 must be complied with strictly.
7.2 Unless a Member has obtained the Client's prior, informed, express written consent to the specific disclosure being made within the Bodyworkers University community, the Member must de-identify the Client by removing or obscuring any information that could reasonably identify that Client, whether alone or in combination with other information.
7.3 Information that must ordinarily be removed or obscured includes, without limitation:
full name
first name, where identification may still reasonably be possible
residential or business address
email address
phone number
date of birth
workplace or employer
social media account or handle
medical record or file numbers
photographs
videos
voice recordings
screenshots of records, messages or bookings
distinctive tattoos or other identifying marks
facial features or other imagery permitting recognition
unique personal circumstances that would allow identification
any other information capable of identifying the Client, directly or indirectly
7.4 Even where consent has been obtained, Members should share only the minimum Client information reasonably necessary for the relevant educational discussion.
7.5 Members must comply with all privacy, health-records, confidentiality and professional obligations that apply to them under the law of their jurisdiction and under any applicable professional or regulatory code, in addition to the requirements of these Terms.
7.6 Where a Member shares photographs, recordings, session material, medical information or other Client-identifiable information, the Member is solely responsible for ensuring that all legally required consents and permissions have been obtained before doing so, and for retaining evidence of that consent.
7.7 The Company reserves the right, but is not obliged, to remove or request removal of any Content that it reasonably considers may breach a Client's privacy or confidentiality, without prior notice, and to take further action under clause 20 where appropriate.
7.8 Members must treat any Client-related case information shared by another Member as strictly confidential. A Member must not copy, download, screenshot, record, repost, distribute, discuss outside the community, or otherwise use such information for any purpose other than participating in the relevant educational discussion within the community.
8. Community Confidentiality Generally
8.1 Bodyworkers University is intended to be a space in which practitioners can openly and candidly discuss their professional experience, reasoning and challenges. This openness depends on mutual trust.
8.2 Members must respect the confidentiality of other Members. Personal stories, professional experiences, client discussions (subject to clause 7), business information, or other non-public information shared within the community must not be recorded, copied or distributed outside the community without the relevant Member's permission.
8.3 Membership does not grant any right to reproduce, republish or publicly share another Member's posts, comments, photographs, videos, or other material outside the Bodyworkers University community.
9. Intellectual Property
9.1 As between the Company and Members, all right, title and interest (including copyright and other intellectual property rights) in the Company's original Content – including videos, course material, PDFs, written lessons, graphics, illustrations, exercise and stretch libraries, assessment frameworks, presentations, recordings (including recordings of live calls), worksheets, photographs, branding and logos, course structures, and other educational resources – remains vested in the Company or its licensors.
9.2 Subject to these Terms and payment of any applicable fees, the Company grants each Member a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Content solely for that Member's own individual education, and not for any commercial purpose.
9.3 Members must not, except to the extent expressly permitted by the Company in writing or permitted by law on a basis that cannot be excluded:
share their account, login credentials or access with any other person
give any other person access to paid Content
download, copy or reproduce Content except where expressly permitted within the platform's normal functionality
screen-record, capture or otherwise record courses or live calls
redistribute videos, PDFs or other Content in any form
upload or transfer Content to another platform or service
sell, sublicense, rent or commercially distribute the Content
repackage, rebrand or represent Content (in whole or substantial part) as the Member's own course or work
copy substantial parts of the curriculum, course structure or frameworks
publish paid Content on social media or any public forum
circumvent, disable or interfere with any technological measure used to protect the Content
9.4 Members may apply the concepts and knowledge they gain through the Services within their own lawful professional practice (subject to clause 5). Purchasing a Membership does not transfer ownership of, or any proprietary interest in, the underlying Content or intellectual property.
9.5 If you consider that Content available through the Services infringes your copyright or other intellectual property rights, please contact us at info@bodyworkersuniversity.com with details of the material and your rights, and the Company will investigate and respond in accordance with applicable law.
10. Member-Generated Content
10.1 Members retain ownership of the original Member Content they post within the community (for example, discussion posts, comments, questions and case discussions permitted under clause 7).
10.2 By posting Member Content, you grant the Company a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and distribute that Member Content solely to the extent reasonably necessary to operate, provide, promote engagement within, and improve the Services (for example, displaying your post to other Members within the community). This licence does not extend to using your Member Content for external advertising, resale, or other commercial exploitation outside the operation of the Services without your separate consent.
10.3 You warrant that you own or have all necessary rights, licences and consents (including any required Client consents under clause 7) to post any Member Content you submit, and that your Member Content does not infringe any person's copyright, privacy, confidentiality or other legal rights, and is not unlawful, defamatory or misleading.
10.4 If you delete Member Content or your account, the licence granted under this clause 10 ends, except to the extent reasonably necessary to comply with law, resolve disputes, enforce these Terms, or where the content has been shared by another Member in accordance with the platform's ordinary functioning prior to deletion.
11. Community Conduct
11.1 When using the Services, Members must not engage in, and the Company may remove Content or restrict access in relation to, any of the following:
harassment, bullying, threats or intimidation of any person
discrimination or hate speech on any basis
sexually inappropriate conduct or content
spam, scams or fraudulent conduct
illegal activity of any kind
impersonation of another person or entity
deliberate misinformation or misleading health claims
unauthorised advertising, promotion or solicitation of other Members for commercial purposes
sharing confidential or Client-identifiable information in breach of clauses 7 or 8
infringing another person's copyright or other intellectual property rights
sharing accounts or paid Content in breach of clause 9
disruptive, abusive or bad-faith behaviour that undermines the community
11.2 The Company has discretion to moderate discussions, and to remove, hide or edit Content, and to warn, suspend or remove a Member, where it reasonably considers this necessary to protect the community, other Members, Clients, or the Company, or to comply with law. Moderation decisions will be applied in good faith and, where practicable and appropriate having regard to the nature and urgency of the issue, the Company will explain the reason for a moderation action to the affected Member.
11.3 Members who consider a moderation decision was made in error may raise the matter using the complaints process in clause 31.13.
12. Professional Disagreement and Diversity of Opinion
12.1 Bodyworkers University encourages curiosity, questioning and respectful professional disagreement. Members may challenge concepts, methodologies and opinions expressed within the Services, provided this is done respectfully and in accordance with clause 11.
12.2 Different practitioners, instructors, guests and Members may reasonably hold different professional views on assessment, treatment and clinical reasoning. Educational discussions, demonstrations and opinions expressed by instructors, guests or Members reflect the views of the person expressing them and are not to be treated as universally accepted professional consensus, official Company guidance, or the only acceptable clinical approach.
13. Member Responsibility
13.1 Members remain solely responsible for their own decisions and actions, including decisions relating to: their own health and wellbeing; their own participation in exercises or physical demonstrations; their Clients; assessments, treatment or rehabilitation approaches they choose to use; their professional practice generally; their business decisions; and their reliance on any information obtained through the Services.
13.2 Members should exercise independent professional judgement, and where appropriate seek their own professional, clinical, legal, financial or other advice, rather than applying information solely because it appeared within Bodyworkers University.
14. Physical Activity and Exercise – Assumption of Risk
14.1 Some Content may involve, describe or demonstrate physical exercise, movement, stretching, manual or hands-on techniques. Participation in any physical activity carries an inherent risk of injury, including where an exercise or technique is demonstrated or described as part of educational Content.
14.2 If you choose to personally perform, practise or trial any exercise, movement, stretch or technique shown or described in the Services (whether on yourself, a colleague, or a Client), you do so at your own discretion and acknowledge the inherent risks involved. You should use your own judgement about your (or, where relevant, your Client's) health and physical capacity, and obtain medical or other professional clearance before doing so where this would be reasonable or is otherwise required.
14.3 Nothing in these Terms is intended to, and nothing in these Terms does, exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law, including in connection with death or personal injury caused by the Company's negligence.
15. Live Calls and Recordings
15.1 The Company may conduct live educational calls, workshops, demonstrations and question-and-answer sessions (“Live Calls”) as part of the Services. Some Live Calls may be recorded and made available to Members afterwards.
15.2 Members must not disclose private or Client-identifying information during a Live Call, whether verbally, on screen, or in the chat, and must comply with clauses 7 and 8 at all times during a Live Call.
15.3 By joining or actively participating (including by voice, video or chat) in a Live Call that will be recorded, you consent to your participation being recorded and subsequently made available to other Members as part of the Services. Where reasonably practicable, the Company will give notice before a Live Call is recorded. If you do not wish to be recorded, you may decline to participate by camera, voice or named chat and instead observe, or may raise questions anonymously where that functionality is available.
16. Guests and Third-Party Contributors
16.1 The Services may feature guest practitioners, educators or other third-party contributors (“Guests”). Views, opinions and statements expressed by a Guest are that Guest's own and do not necessarily represent the views of the Company.
16.2 A Guest's participation in the Services does not constitute the Company's endorsement of every statement made by that Guest, or of any product, service, business or methodology associated with that Guest.
17. Third-Party Platform – Skool
17.1 The Services are currently hosted and delivered primarily through the third-party platform Skool, operated by Skool Inc. By using the Services, you may also be required to accept, and will be subject to, Skool's own terms of service, privacy policy, acceptable use policy and community rules, which apply in addition to these Terms.
17.2 The Company does not own, operate or control the Skool platform and, to the maximum extent permitted by law, is not responsible for outages, downtime, data loss, security incidents, changes to functionality or pricing, or other circumstances caused by Skool or any other third-party platform, except to the extent the Company's own conduct caused or contributed to the relevant issue.
17.3 The Company reserves the right to migrate the community and/or Content to a different platform in the future. Where reasonably practicable, the Company will give Members reasonable advance notice of any material platform migration that affects their access to paid Content.
18. Membership, Fees, Billing and Cancellation
18.1 Some Content is available through a free community, while other Content requires payment of a Membership fee. Membership fees are charged in United States Dollars (USD) on a recurring monthly subscription basis, as described at the point of purchase.
18.2 Recurring Memberships automatically renew each month at the then-current price, unless cancelled before the next monthly renewal date in accordance with this clause 18 or as otherwise described at the point of purchase.
18.3 You may cancel a recurring Membership at any time through your account settings or by contacting info@bodyworkersuniversity.com. Cancellation takes effect at the end of the current paid billing period unless otherwise stated at the time of cancellation or required by law, and you will retain access to paid Content until that date.
18.4 If a scheduled payment fails, the Company may retry the payment, suspend access to paid Content until payment is successfully processed, or, if payment is not received within a reasonable period after notice, treat the Membership as cancelled.
18.5 The Company may change Membership pricing from time to time. Any price change will apply prospectively from a Member's next renewal following reasonable notice, and will not retrospectively change fees already paid.
18.6 Where the Company offers promotional, discounted, or “foundation”/early-member pricing, the terms, availability and duration of that pricing (including whether it is honoured on renewal) will be set out at the time the offer is made and form part of these Terms for that Member.
18.7 All fees are quoted and charged in United States Dollars (USD), regardless of a Member's location. Where a Member's card or account is denominated in a different currency, currency conversion and any related fees are determined by the Member's card issuer, bank or payment provider, and are not controlled by the Company. GST (or equivalent local tax) will be applied where required by law.
18.8 Refunds are provided where required by the Australian Consumer Law or other applicable consumer protection law – for example, where the Services are not provided with due care and skill, or are not fit for the purpose for which they were acquired, and the failure is not minor. Nothing in these Terms limits or excludes any such statutory right, and the Company will not refuse a refund that is legally required. Outside of legally required refunds, and unless otherwise stated at the point of purchase, fees already paid for a billing period that has commenced are non-refundable, but this does not affect your right to cancel future renewals under clause 18.3.
18.9 Nothing in this clause 18 limits any consumer guarantee or other right under the Australian Consumer Law, or under any other applicable consumer protection law, that cannot lawfully be excluded, restricted or modified.
19. Changes to Content and the Curriculum
19.1 The Company's educational Content and curriculum are expected to evolve over time. The Company may add new lessons; remove or update outdated material; change course structures; add or remove instructors or Guests; change the Live Call schedule; and otherwise improve or modify the Services.
19.2 The Company will exercise this right reasonably and will not materially remove or degrade paid Content that a Member has purchased access to in a manner that is unfair having regard to the Australian Consumer Law or the value of the Membership paid for, without providing reasonable substitute Content, notice, or (where required by law) an appropriate remedy.
20. Suspension and Termination of Membership
20.1 The Company may suspend or terminate a Membership, with or without prior notice depending on the severity of the conduct, for serious or repeated breach of these Terms, including (without limitation): sharing or redistributing paid Content in breach of clause 9; sharing account access in breach of clause 9; harassment or other conduct in breach of clause 11; a Client privacy or confidentiality breach under clause 7 or 8; illegal conduct; intellectual property infringement; fraud or attempted fraud (including payment fraud); or other serious misconduct within the community.
20.2 Where reasonably practicable and where the conduct does not require immediate action to protect the community, Clients or the Company, the Company will provide the Member with a warning and an opportunity to remedy the conduct before suspending or terminating their Membership.
20.3 On termination for breach, access to paid Content ends, and any statutory refund rights under clause 18.8 continue to apply; outside of those statutory rights, fees already paid for the current billing period are not refunded where termination results from the Member's own breach of these Terms. A Member may also cancel their own Membership at any time in accordance with clause 18.3.
20.4 Termination of a Membership does not affect any rights or obligations that, by their nature, are intended to survive termination, including the confidentiality, intellectual property, indemnity and limitation of liability provisions in these Terms.
21. Account Security
21.1 You are responsible for maintaining the confidentiality and security of your account login credentials, and for all activity that occurs under your account. You must notify the Company promptly at info@bodyworkersuniversity.com if you believe your account has been compromised or accessed without authorisation.
22. Age Requirements
22.1 The Services are intended for adults. You must be at least 18 years old to create an account, purchase a Membership, or otherwise use the Services. By using the Services, you represent that you meet this age requirement.
23. Testimonials and Case Studies
23.1 Testimonials, Member experiences, case studies and reported Client outcomes that appear within the Services reflect the individual experience of the person concerned. They are provided for illustrative purposes only and do not guarantee that any other person will achieve the same or similar results.
24. Links and External Resources
24.1 Content may refer or link to third-party research, websites, books, products, practitioners or other external resources. A reference or link does not necessarily constitute the Company's endorsement or verification of that external resource. The Company does not control, and is not responsible for, the content, accuracy or availability of external resources.
25. Accuracy and Currency of Information
25.1 The Company takes reasonable care to provide useful, accurate and current educational Content. However, knowledge in anatomy, biomechanics, rehabilitation, exercise science and pain science evolves over time, and Content may become outdated or superseded by later research or professional guidance.
25.2 Members should exercise professional judgement, cross-check important information, and consult current authoritative sources and their own professional obligations, rather than relying solely on any single piece of Content, however current it may appear.
26. Australian Consumer Law
26.1 Nothing in these Terms excludes, restricts or modifies, or purports to exclude, restrict or modify, any consumer guarantee, right, condition or remedy conferred on a Member by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
26.2 Where the Company is permitted to limit its liability for failing to comply with a consumer guarantee that is not a guarantee of the kind referred to in section 64A of the Australian Consumer Law, the Company's liability is limited, at the Company's election, to one or more of: supplying the Services again, or paying the cost of having the Services supplied again.
26.3 If you are located outside Australia, you may also have rights under the consumer protection laws of your own country or region. Nothing in these Terms is intended to override any mandatory consumer protections that apply to you under the law of your place of residence, to the extent those laws apply notwithstanding clause 29 (Governing Law).
27. Limitation of Liability
27.1 To the maximum extent permitted by law, and subject to clauses 14.3, 26 and 27.4, the Company and its officers, employees, contractors, instructors and Guests exclude all liability (whether in contract, tort including negligence, statute or otherwise) for any indirect, special or consequential loss, or loss of profits, revenue, business opportunity, goodwill or data, arising out of or in connection with the Services, including in connection with: reliance on educational Content; use of information within a Member's professional practice; participation in physical activity or demonstrations; outages, errors or conduct of third-party platforms (including Skool); and the conduct of other Members or Guests.
27.2 To the maximum extent permitted by law, the total aggregate liability of the Company and its officers, employees, contractors, instructors and Guests to a Member arising out of or in connection with the Services, however arising, is limited to the amount of Membership fees paid by that Member to the Company in the twelve (12) months preceding the event giving rise to the liability.
27.3 The limitations in this clause 27 apply only to the extent permitted by law and do not apply to liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, liability for fraud, or liability under a consumer guarantee referred to in section 64A of the Australian Consumer Law.
27.4 Nothing in this clause 27 limits or excludes any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law (see clause 26).
28. Indemnity
28.1 You agree to indemnify and hold the Company, its officers, employees, contractors, instructors and Guests harmless from and against any loss, liability, claim or expense (including reasonable legal costs) reasonably incurred by them arising out of or in connection with: (a) your breach of these Terms; (b) your unlawful conduct; (c) your infringement of a third party's intellectual property, privacy or confidentiality rights (including a breach of clauses 7, 8 or 10); or (d) your misuse of Company Content in breach of clause 9, in each case to the extent such loss, liability, claim or expense arose from your act or omission and was not caused or contributed to by the Company.
28.2 This indemnity does not apply to the extent that liability arises from the Company's own negligence, wilful misconduct, or breach of these Terms, and does not extend to any liability that cannot lawfully be passed on to a consumer under the Australian Consumer Law.
29. Governing Law and Jurisdiction
29.1 These Terms are governed by the laws of Queensland, Australia. Subject to clause 29.2 and clause 26.3, each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from those courts.
29.2 If you access the Services as a consumer from outside Australia, this clause does not remove any right you may have to bring proceedings in, or any protection afforded to you by the mandatory laws of, your country of residence, to the extent those rights or protections cannot lawfully be excluded or overridden by agreement.
30. Privacy
30.1 The Company collects and handles personal information (including Member information and, where applicable, information about Clients discussed within the community) in accordance with its Privacy Policy, available at www.bodyworkersuniversity.com/terms, which is incorporated into these Terms by reference. These Terms should be read together with the Privacy Policy; the Privacy Policy, not these Terms, governs how personal information is collected, used, stored and disclosed.
31. General Provisions
31.1 Changes to these Terms. The Company may update these Terms from time to time, including to reflect changes in the Services, the law, or the platform(s) used to deliver the Services. Where changes are material, the Company will provide reasonable notice (for example, by email or in-community notice) before they take effect. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms. Changes will not retrospectively remove statutory rights or apply so as to unfairly disadvantage a Member for past use of the Services.
31.2 Entire agreement. These Terms, together with the Privacy Policy and any other policy expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Services, and supersede any prior agreement or understanding on that subject.
31.3 Severability. If any provision of these Terms is held to be void, illegal or unenforceable, that provision will be read down to the minimum extent necessary or severed, and the remaining provisions will continue in full force and effect.
31.4 Waiver. A failure or delay by the Company in exercising any right under these Terms does not operate as a waiver of that right, and a single or partial exercise of a right does not prevent any further exercise of that or any other right.
31.5 Assignment. You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent. The Company may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructure or sale of all or substantially all of its relevant business assets, provided that this does not reduce your rights under these Terms.
31.6 Force majeure. The Company is not liable for any failure or delay in performing its obligations under these Terms to the extent that failure or delay is caused by circumstances reasonably beyond its control, including platform outages caused by a third-party provider such as Skool, internet or telecommunications failures, natural disasters, or government action.
31.7 Electronic communications and notices. You consent to receiving communications from the Company electronically, including by email or through the Skool platform, and agree that such communications satisfy any legal requirement that communications be in writing. Notices to the Company should be sent to info@bodyworkersuniversity.com. Notices to a Member will be sent to the email address or platform account associated with their Membership.
31.8 Survival. Clauses relating to intellectual property (clause 9), member-generated content licences (clause 10), confidentiality (clauses 7 and 8), indemnity (clause 28), limitation of liability (clause 27), and any other clause which by its nature is intended to survive, continue in force after a Membership ends or these Terms otherwise terminate.
31.9 Platform availability. The Company will use reasonable efforts to keep the Services available, but does not guarantee uninterrupted or error-free access, and may suspend access for maintenance, upgrades, or reasons beyond its reasonable control, subject to clause 26.
31.10 No professional relationship or partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and the Company, or between you and any instructor, Guest or other Member.
31.11 International Members. If you access the Services from outside Australia, you are responsible for ensuring your use of the Services complies with the laws of your own jurisdiction, including any restrictions on the professional application of information learned through the Services (see clause 5).
31.12 Promotional offers. Any promotional or discount offer is subject to these Terms and any additional terms disclosed with the offer, and the Company may vary or withdraw future promotional offers at its discretion, without affecting Memberships already purchased.
31.13 Complaints and dispute resolution. If you have a complaint about the Services, please contact the Company in the first instance at info@bodyworkersuniversity.com with details of your concern. The Company will investigate and aim to respond within a reasonable time. If a dispute cannot be resolved informally, either party may pursue any right or remedy available at law, including under the Australian Consumer Law, without prejudice to a Member's right to make a complaint to a relevant regulator, such as the Australian Competition and Consumer Commission or a State or Territory consumer affairs office.
31.14 Intellectual property infringement complaints. Complaints regarding alleged infringement of intellectual property rights should be directed in accordance with clause 9.5.
32. Website Use, Intellectual Property and Trademarks
32.1 This clause applies to your use of the Website, in addition to the other provisions of these Terms.
32.2 The Company grants you a limited, revocable, non-exclusive licence to access and use the Website for your own personal or professional informational purposes, subject to these Terms. You must not use the Website in any way that is unlawful, or that could damage, disable, overburden or impair the Website, or interfere with any other person's use of it.
32.3 You must not, except as permitted by law on a basis that cannot be excluded:
scrape, harvest or extract data from the Website using automated means, without the Company's prior written consent
attempt to gain unauthorised access to the Website, any account, or any system or network connected to the Website
introduce any virus, malware, or other harmful code to the Website
reverse-engineer, decompile or attempt to extract the source code of the Website
32.4 The Website itself (including its design, layout, look and feel, source code, and the Content published on it) is owned by, or licensed to, the Company and is protected by copyright and other intellectual property laws. Except as permitted by these Terms or by law, you must not copy, reproduce, modify, distribute, or create derivative works from the Website without the Company's prior written consent.
32.5 “Bodyworkers University”, the Company's logos, and other brand names, taglines and marks used on the Website, the community and the Company's social media accounts are trademarks or brand assets of the Company (whether or not formally registered). You must not use these marks, or any confusingly similar name or mark, without the Company's prior written consent.
32.6 The Company aims to keep the Website accurate, secure and available, but does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components, and does not warrant the accuracy, completeness or currency of general (non-course) Website content, such as blog posts or landing pages, beyond what is required by the Australian Consumer Law.
32.7 The Company may update, suspend or discontinue the Website or any part of it at any time, including for maintenance or improvement, without liability to you, subject to clause 26.
33. Social Media Accounts
33.1 The Company maintains social media accounts (currently including Instagram, Facebook, TikTok and YouTube) to share general educational content, updates and community promotion. A reference in these Terms to the Company's social media accounts includes any platform the Company uses now or introduces in the future, whether or not it is named in these Terms, and this clause 33 applies equally to any new platform from the time the Company begins using it.
33.2 Your use of, and interaction with, the Company's social media accounts is also subject to the relevant platform's own terms of use and privacy policy, which the Company does not control.
33.3 Clauses 4 to 6 (educational purpose only, professional scope of practice, and no guaranteed outcomes) apply to all Content the Company publishes on social media, whether or not you are a Member.
33.4 The Company may moderate, hide, delete or restrict comments or messages on its social media accounts that would breach the standards in clause 11 (Community Conduct) if made within the community, or that the Company otherwise reasonably considers inappropriate, misleading or harmful, at its discretion.
33.5 The Company is not responsible for accounts, pages or profiles that falsely purport to represent the Company or Bodyworkers University. If you believe you have encountered an account impersonating the Company, please contact us at info@bodyworkersuniversity.com.
33.6 Where the Company publishes sponsored content, paid partnerships or affiliate links on the Website or its social media accounts, this will be disclosed in accordance with applicable advertising standards and consumer law.
34. Relationship Between These Terms and Other Policies
34.1 These Terms are the Company's primary Terms of Use for the Website, the Bodyworkers University community, and the Company's social media accounts. Where you also accept, or are otherwise subject to, separate terms of a third-party platform (such as Skool, or a social media platform) under clause 17 or clause 33, those third-party terms apply in addition to, and not instead of, these Terms, to the extent they do not conflict.
34.2 If there is a direct conflict between these Terms and a third-party platform's terms in relation to your relationship with the Company, these Terms prevail as between you and the Company, to the extent permitted by that platform's terms and by law.
Acceptance
As set out in clause 1.5, there is no separate acceptance step for these Terms. By accessing or using the Website, the Bodyworkers University community, or the Company's social media accounts, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy.