These Terms are binding on any use of Our Services and apply to you from the time that we commence delivery of, or otherwise provide you with access to, Our Services. Our Services include any training course provided to you by Bounce (Course), all training materials, including printed materials and online documentation, provided or made available to you in respect of the Course and your use of the Bounce Online Learning Management System, the website www.thebounceprogram.com and any related mobile applications (together the Platform).
By registering to use or by using Our Services, you acknowledge that you have read and understood these Terms. If you do not agree to these Terms, you must not proceed with your registration in a Course or access or use Our Services. We may update these terms from time to time, in which case we will provide notice of such updates through the Platform and at our website.
Where you are referred to Bounce by an employment service provider, employment consultant, or other third party referrer (Third Party Referrer), email confirmation of your registration will be sent to the Third Party Referrer.
If your registration in a course or employment pathway program or other Service is supported by a Third Party Referrer, you authorize us to share information and liaise with that Third Party Referrer to support the outcomes for which your registration is initiated.
As part of the enrollment process, you will receive an automatically generated email with a username and password for use of Our Services. This user account will enable you to access our Services and complete the program.
You should not share your username or password with any other person or entity. Only you have permission to use the login information sent to you. We may assume that anyone using the username and password allocated to your user account has your authorization to do so, and you are responsible for any acts and omissions of any individual using such username and password.
As part of the enrollment process for your users, you will receive an automatically generated email with a username and password for use of Our Services. This user account will enable you to access our Services, which includes the ability to add new participants and monitor current participant progress.
You should not share your username or password with any other person or entity. Only you have permission to use the login information sent to you. We may assume that anyone using the username and password allocated to your user account has your authorisation to do so, and you are responsible for any acts and omissions of any individual using such username and password.
Automatic Removal of Users
There are particular circumstances where a member of the Bounce staff will be required to remove users from your account.
- We will remove a user from your account if you ask us to do so or a user requests to be removed – we will always check with you first if your user has requested the removal.
- Depending on your agreement, we will automatically remove a user from the program if their account is over six months old and they have never started the program. The seat will not be replaced in your account (see the Seat Replacement rules below).
A simple set of rules determine if a user’s “seat” can be given back to you once the user is removed. We’ve listed them below for you.
- If the user has not started the program and their account is under 90 days old, the seat will automatically be replaced.
- If the user has not started the program and their account is over 90 days old, their seat will not be replaced.
- If the user has started the program, regardless of account age, their seat will not be replaced.
Our Services including any course and training materials and the platform, are the property of its licensors and are protected by intellectual property laws. All copyright, trademark and other proprietary rights associated with Our Services (including all graphics, design elements, audio, music and all other materials originating from or used within the Platform) are reserved to Bounce or its licensors. This excludes sound effects (the owners of these have been credited in the program.
You acknowledge that all intellectual property rights in Our Services are licensed (not sold) to you, and that you have no rights in, or to, Our Services, any course or training materials or the Platform other than the right to use them in accordance with these Terms.
Subject to these Terms, we grant to you a non-exclusive, revocable and non-transferrable limited license to view, download and use Our Services in accordance with these Terms.
You agree that any user generated content produced by you through use of Our Services is licensed to us for the purposes of the provision of Our Services and may be used by us to fulfil provision of Our Services to you and also for any ancillary purposes, including provision of services by us to Third Party Referrers.
- To observe copyright and other restriction imposed by us in respect of our Services;
- Not to copy any course or other training materials or any part of the Platform except where such copying is incidental or necessary for the purposes of completing a Course or other Services or is otherwise permitted by law.
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any Course or other training materials, nor permit such materials or any part of them to be combined with or become incorporated into, any other materials.
- Alter, tamper with, reverse engineer, decompile or disassemble the platform;
- Copy, adapt, modify, reproduce, store, distribute, print, display, broadcast, publish, communicate or make available to the public, or create derivative works of, the whole or any part of Our Services or the Platform, except as otherwise expressly permitted by us in writing or these terms, or to the extent permitted by law;
- To include Bounce copywrite notice on all entire and partial copies you may make of our materials on any medium; and
- Not to provide or otherwise make available our materials, in whole or in part, in any form to any person without our prior written consent.
In order to access Our Services and complete any Course, you will require the following minimum technical specifications:
- MAC OSX, Windows XP or later;
- An internet web browser (preferably google Chrome);
- Internet access;
- Flash player;
- Speakers or headphones (recommended); and
- Access to email.
Our communications with you will generally be handled by our support services team. We will notify you via email of any planned network outages regarding the platform. We will also notify you of any new course offerings or course changes when appropriate to do so.
You must not use Our Services, the Platform or any materials or data available on or generated from the Platform:
- So as to breach any law or regulation or any standards, guidelines or codes issued by any relevant authority;
- To infringe a third party’s rights (including intellectual property rights);
- In connection with or to post any information or material that may be, or that may encourage conduct that may be unlawful, threatening, abusive, defamatory, inappropriate, indecent, misleading or untrue;
- In any manner that is unlawful;
- To send unsolicited data to third parties; and
- In a manner that is fraudulent or interferes with or disrupts the proper working of Our Services.
You must not:
- Use any robot, spider, scraper, data mining process or other device or process to retrieve index, or in any way reproduce, modify or circumvent the structure, security or layout of Our Services;
- Directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan horse, time bomb or other harmful code in or on Our Services, or in any manner whatsoever corrupt, degrade or disrupt Our Services; and
- Link to Our Services or any other website without our prior written consent.
- Keep confidential all information that is of a confidential nature (including Our Course and training materials) which is disclosed by us to you;
- Not publish or disclose our confidential information without our express prior written consent; and
- Notify us immediately if you become aware of any breach of the obligations above and, at our request, take all such steps as are necessary to prevent further disclosure.
The obligations above regarding confidentiality are effective from the date you accept these Terms and shall remain in full force and effect for 10 years from that date.
Information that you provide to us, including as part of the enrolment process for use of Our Services will be kept confidential by us and will only be disclosed:
- With your consent;
- To third party Referrers to support the objectives for which you are referred to us Our Services, including the objectives for your enrolment in a Course;
- Where required by law or regulation;
- To the extent necessary for us to provide you with the Services, including as necessary to enable you to undertake a Course and/or as necessary to comply with these Terms, including for the purpose of responding to your queries.
You acknowledge that information about you and your progress on the Course, including personal information (as that terms in defined in the Privacy Act 1988 (Cth)) which you provide to us as part of your enrolment and on an on-going basis as part of your participation in the Course, may be disclosed to a range of third parties, including, to the extent applicable:
- To a Third Party Referrer, if applicable, so that they can monitor your progress using Our Services against the objectives for which you referred to use Our Services.
Once you register for a Course or other use of Our Services and such is made available to you, requests for refund, transfers or cancellations cannot be accepted by Bounce except where required by law.
Access provided to one user cannot be transferred to a second user without the express permission by us.
We reserve the right to cancel or change the content of the Course at any time and without notice. If we do so, we will offer (at our discretion) alternative dates for you to complete the Training Course or a full refund of the Fees or a credit note to the party responsible for payment of the Fees.
We strive for exceptional outcomes from Our Services and continually update them to achieve this. If something goes wrong, we will endeavour to fix it. however, software and digital services are not perfect, and in many cases, we are providing our Service without cost to you. Subject to any restriction at law:
- Our Services are provided “as is” and without any guarantee, warranty or condition, express or implied;
- We disclaim any warranties of satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness and non-infringement of third party rights;
- We do not guarantee or warrant Our Services will be free from errors, omissions or viruses;
- We do not guarantee continuous, uninterrupted or secure access to Our Services;
- You acknowledge that your access to and use of Our Services may be interfered with by numerous factors outside our control;
- We do not warrant the accuracy of any advice, opinion, statement representation or other information displayed on or accessible through Our Services; and
- We make no guarantees, representations or warranties in respect of the information and materials available through Our Services of the means of accessing that information and material.
Participants who access our services should be aware that coaching is in no way to be construed or substituted as psychological counselling or any other type of therapy. No technique, process, idea, concept, or advice is given here with the intent of replacing qualified medical or psychiatric care.
The client understands and acknowledges that the coach and Bounce Consulting PTY. LTD. will not be liable legally or otherwise, for the actions that the client may or may not undertake as a result of the life coaching consultation. Every care is taken in presenting information to you, the client, and you will not bear any responsibility or liability for any action taken by any person on the basis of the information given.
The client, you, takes full responsibility in the decisions and consequences they make after undertaking training from Bounce Consulting PTY LTD.
To the maximum extent permitted by law, all express or implied guarantees, warranties, representation and other terms and condition of any kind in relation to Our Services not contained in these Terms are expressly excluded.
In any guarantee, warranty, terms or condition is implied or imposed in relation to these terms under the Australia Consumer Law or any other applicable legislation (a Non-Excludable Condition), then our liability for breach of the Non-Excludable Condition is limited, at our option, to:
- In the case of goods, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
- In the case of services, to either resupply of the services or the cost of the resupply of the services.
Except for liability in relation to breach of Non-Excludable Condition:
- Subject to the remainder of the clause, our maximum aggregate liability for all claims relating to these terms, the Course, the Platform and our Services will be limited to the value of the Fees paid in respect of such services. This limit on liability will apply however that liability arises, provided that it shall not limit our liability in the case of fraud, willful default, death or personal injury caused by our negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law; and
- We exclude all liability to you, whether arising in contract, tort (including negligence) or otherwise, for any consequential, indirect or special losses or damages, loss of, damage to or corruption of data, loss of profit, loss of income, loss of revenue, business interruption, loss of information, loss of reputation, loss of opportunity, goodwill or reputation, loss of the use of money or anticipated savings or loss of business arising in relation to these terms and Our Services, including use of or reliance on any part of Our Services, including use of, or reliance on, any part of Our Services, even if we knew the loss or damage was possible or otherwise foreseeable.
Notwithstanding anything else in these terms, our liability to you for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in Australia.
We may suspend or terminate that agreement formed by these terms (including your access to the platform and/or your enrolment on the Course) immediately by written notice to you:
- If you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. This includes failure to pay any Fees when due, if you are the party responsible for payment of the Fees.
Upon expiry or termination of your access to the Platform and/or your enrolment on the Course for any reason:
- All rights granted to you shall cease;
- You must cease all activities authorized by these terms; and
- You must immediately delete or remove Our Services, including any materials provided by us, from all computer equipment in your possession or control, and immediately destroy all copies of out materials then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
If you or your associated business/company are responsible for payment of all applicable fees and charges relating to a course or other service, you must adhere to the following terms relating to payment unless otherwise specified by Bounce in written form.
You must pay the Fees specified in the agreement. We will invoice you for the Fees and you must pay all invoices within 7 days from the date of invoice unless otherwise specified. We only accept payment by electronic funds transfer or credit/debit card.
Fees are non-refundable except as specified in these terms or otherwise required by law.
If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct Fees for the Course or other Service that you are enrolled in, we reserve the right to adjust the Fees (upwards or downwards) so that it is the correct Fee for your circumstances.
The Fees and any other amounts are GST exclusive amounts.
A party must pay GST on a Taxable Supply made to it under these terms. It must do so at the same time and in the same manner as it is required to pay the consideration for the Taxable Supply to which the GST relates. A party making a Taxable Supply to another party under these terms must issue a tax invoice in the format required by law to the other party for the Taxable Supply. The tax invoice must set out the amount of the GST payable by that other party and may be issued electronically. The tax invoice must be issued at the issued at the same time as the consideration for the Taxable Supply is due. Each party must do anything reasonable to assist the other party to comply with its GST obligations in relation to these Terms. Any capitalized terms used in this section which are not defined in these Terms have the same meaning as those terms in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
By completing your enrolment for any Course or other Service, you confirm the following:
- I have read and understand the requirements of the Course or Service;
- I understand who my training is provided by and where to go for assistance;
- I agree to Bounce’s Privacy Statement and consent to the possible sharing of my course progress information, including personal information, as set out in these terms;
- I agree that I will not plagiarize the work of others or participate in any unauthorised collusion when completing and submitting my coursework;
- I agree that Bounce will not be liable for any plagiarism or other forms of fraudulent activity or acts caused by me during completing and submitting my coursework, and Bounce has the discretion and right to withhold and certificate and/or qualification in connection with my Course or other Service;
- I agree to make a genuine attempt at all requirements of the Course;
- I agree to promptly notify Bounce of any change to my personal details, in particular any change to my email address or mobile phone number;
- I agree that Bounce may from time to time update these terms, which updated terms shall be deemed to be accepted by me after receiving written notice from Bounce (which may be sent via email);
- I agree to act in an appropriate manner while participating in the Course; and
- I have read and agree to these terms.
These Terms are binding on you and on your respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these terms without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms, at any time.
We are not liable for any failure to perform, or delay in performance of, any of our obligations under these terms to the extent that this caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control such as an act of God, war, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, lighting, storm, flood, fire, earthquake, explosion, embargo.
The relief granted to us under this section will continue for the period that the Force Majeure Event continues, and we will have an extension of time for performance of any of obligations for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail, at any time, to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default and no waiver by us of any right, power or remedy under these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Any notice required or permitted to be given by either part to the other under these terms shall be in writing. In any provision of these terms is held to be involved, unenforceable or illegal for any reason, then that provision will be severed, and the remainder of these terms will remain in full force and effect. These terms will be governed by and are to be construed in accordance with the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit or the non-exclusive jurisdiction of the courts of that state. These terms and any document expressly referred to in them represent the entire agreement between the parties in relation to the Course and access to Our Service and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms, except as expressly stated in these terms.
The privacy Statement is made by Bounce Consulting Pty Ltd ABN 67 149 963 931, trading as Bounce Australia (Bounce, us or we).
Bounce, in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth), has commitment to ensuring that all reasonable steps are taken to protect the privacy of its consumers. This privacy statement outlines how personal information is collected, used, disclosed, held and destroyed by us.
We may update this privacy statement from time to time. Any changes we may make to this privacy statement in the future will be posted on this page so please check back frequently.
Bounce is required to collect personal information from participants and other individuals in order to:
- Process registrations
- Provide training which Bounce offer
- Provide support (including ICT support) for its technology;
- Respond to queries, including queries regarding our products and services.
- To the extent possible, Bounce collects all personal information directly from the person whom the information is about. This includes personal information collected when an individual:
- Completes a personal details form or registration form
- Contacts us;
- Requests support from us; and
- Visits our website www.thebounceprogram.com
Bounce may also collect information via registration referral, which is completed by an authorised third party such as employment/work placement service providers, employers, registered training organisations and recruitment agents or brokers. We may also need to collect relevant personal information from other third parties with or without your direct involvement or consent, however this will not include sensitive information.
In some circumstances, we may need to collect additional personal information from you or collect personal information from you in a way which is not described in this privacy statement. Where this is the case, we will provide you with additional information which details the personal information we well collect from you and how we will use, hold and disclose that personal information.
In order to visit our website, we may collect information such as your IP address, device type, browser type, the website you visited immediately before our website(s), location data, the pages you access on our website(s), mouse clicks, mouse movements and scrolling activity, keystroke information that you enter on our website(s) and any other technical information collected by your operating system, browser or device.
If you decline to provide your personal information, Bounce may not be able to:
- Provide the product or service you requested (including training services); or
- Enter into a business relationship with you.
We will use our best efforts to ensure that the information you provide to us remains private and is used and disclosed only for the purposes for which it was collected, including the purposes specified in this privacy statement. We may also disclose your personal information:
- To employment services providers or other third party referrers who introduce you to us for the purpose of you undertaken a training course, other service offered to us, in each case to assist to achieve the objectives of the referral;
- To third party organisations who provide services to us, including hosting, data processing, website development services and other outsourced services;
When you are registered to this website, you will automatically be subscribed to our email service (ClickSend) to ensure you receive email and SMS notifications regarding the program. This is only for program-based email notifications.
You can request access to, or correction of, the personal information we hold about you.
To make such a request, you will need to contact the Support department (using the details set out at the end of this privacy statement) in writing and specify the type(s) of personal information you wish to view and/or the correction(s) you require. You will be required to provide proof of identification before we can proceed with your request and, depending on the complexity of your request, we may charge a fee for processing requests for access to personal information.
In certain circumstances, we may not be able to tell you what personal information is held about you. In these circumstances, we will notify you to explain why we cannot provide you with the information and attempt to find alternative means to enable you to access your information. We will promptly update any personal information that is inaccurate, incomplete or out of date. If we do not agree that your information is inaccurate, incomplete or out of date, we will notify you and tell you the reason(s) why we do not agree with you. We will also tell you what you can do if you are not satisfied with our response.
We may store your personal information in hardcopy documents or electronically. Where applicable, storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Australian Government’s records management regime. We ensure this by having such security measures as:
- Storing electronic information on a secure server with restricted access; and
- Storing paper-based documents securely on our premises.
We will take reasonable steps to destroy or permanently de-identify personal information when it is no longer required for any purpose.
Our information systems and files are kept secured from unauthorized access and our staff and contracted agents/service providers have been informed of the importance we place on protecting privacy and their role in helping us to do this and are contractually bound to honour such privacy.
If you would like further information about this privacy statement or if you have any concerns regarding personal information you give to us, or that we have collected from others, please contact Support at email@example.com
If a complaint is made, generally Bounce’s procedures, staff or quality of service assisted with the collection of handling of personal information will be investigated. Bounce will be efficient and fair when investigating and responding to information privacy complaints.
If your complaint is not satisfactorily resolved, you may access an external dispute resolution service or apply to the Office of the Australian information Commissioner (OAIC) to have the complaint heard and determined. When we notify you about our decision, we will explain how you may access an external dispute resolution scheme or make a complaint to the OAIC.
This privacy statement does not apply to external websites that are linked to the Company’s site. The Company is not responsible for the privacy practices or content of external websites.
These cookies may track how and when you use a site, which site you visited immediately before, data about targeted ads served to you, and they may store information about your computer, browser or device (including your IP address or your mobile device type and unique identifier).
Cookies cannot be used to run programs or deliver viruses to your computer.
The Company uses and shares cookies to facilitate the sampled reporting of demographics and the interests of its site visitors via such services as Google Analytics, social media, and other third-party platforms. These platforms may allow us to collect information such as age, gender and interests to better understand the users that visit our site and identify how we can improve user experience and interaction.
This feature is based on Display Advertising (for example, Google Analytics Demographics and Interest Reporting or Facebook Insights) and the data collected is used to provide better services and more relevant content to our users.
The Company may sometimes use third-party cookies, including:
- Remarketing with Google Analytics and similar tools to advertise online, including the Google AdWords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Display Network (GDN).
- Prospecting, Re-Targeting and Dynamic Creative using cookies by third-party vendors to deliver targeted advertising to you when you visit third-party websites, including:
We, and third-party vendors, use first-party cookies (such as the Google Analytics and AdRoll cookie) and third-party cookies (such as the DoubleClick cookie) to:
- Inform, optimise, and serve ads to you on relevant websites on the GDN and elsewhere, based on your past visits to our website; and
- Find out how ad impressions, ad services, and your interactions with these ad impressions and ad services are related to visits to our site.
The Company respects your privacy and does not collect identifiable information by using third-party remarketing services provided by companies such as Google and AdRoll. Users may choose to opt-out of the use of such cookies.
You can view Google’s Privacy & Terms here. You can opt-out of Google Analytics for Display Advertising and customise GDN ads using the Ads Preferences Manager or by downloading the Google Analytics Opt-out Browser Add-on.
The Company’s website collects site visit data to better understand general user trends at an aggregate level and improve web performance, web services, and website maintenance.
To the extent that site visit data could make you identifiable, the Company will not attempt to identify individuals from the records the server automatically generates, unless required to do so as part of an internal investigation or for a law enforcement-related purpose, and then, only in compliance with the Privacy Laws as applicable.
The Company may also use site visit information for security audits to protect against threats from hackers, and for other law enforcement and security purposes.
The Company will not disclose any personal information collected as part of your site visit to a third-party without your consent, unless we are required or authorised to do so by law. As part of an investigation into suspected unlawful or improper activity, a law enforcement agency or government agency may exercise its legal authority to inspect the web server’s records (for example, in relation to hacking or abusive messages).
The Company and its employees have a legislative obligation to protect your personal information by taking all reasonable steps to ensure the that the information we hold is protected from misuse, loss unauthorised access, modification or disclosure. Specifically, access to systems, applications and the collected data is restricted to authorised personnel only.
In addition, any personal information collected and used to identify user trends (such as IP addresses) is aggregated and made anonymous during report generation.
You may request access to, or correction of, your personal information held by the Company, by contacting Support at firstname.lastname@example.org or phoning (03) 7035 0178.
We may occasionally make changes to this Privacy Statement, particularly where there are changes in relevant laws or where we adopt new working practices. We encourage you to regularly review this statement for any updates.
This procedure is to be reviewed every 2 years (or before September 2022) by the General Manager.