Terms & Conditions

Welcome to https://www.thepreventionprojectonline.com (our “Website”) and The Prevention Project Skool Group (together, our “Sites”).
Our Sites give you an opportunity to browse and purchase products offered by RK PETERSEN INVESTMENTS PTY LTD (ACN 671 401 077) (“we”, “us”, “our”).

These Terms and Conditions (“Terms”) govern your use of our Sites and our Products, and form a binding contractual agreement between us and you.
Any questions about these Terms must be directed to us in writing at [email protected] before using our Sites or buying our Products.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersede all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

DEFINITIONS

1.1 “Additional Content” means additional Products which we may offer from time to time, and are not contained within our primary Product offering.

1.2 “Products” means:
(a) paid educational videos in relation to activities, exercises, or movements intended to correct posture and to reverse imbalances as available on our Sites;
(b) paid digital resources (including guides) in relation to activities, exercises, or movements intended to correct posture and to reverse imbalances as available on our Sites; and
(c) any other product offered by us in the future.

1.3 “Skool.com” means the third-party delivery platform where The Prevention Project Skool Group is hosted.

1.4 “The Prevention Project Skool Group” means the product delivery method we use to deliver some of our Products, located on Skool.com at: https://www.skool.com/thepreventionprojectonline/about

ACCEPTANCE OF TERMS

2.1 By browsing, accessing, purchasing, or using the Products offered on our Sites, whether or not you have purchased or engaged our Products either directly or indirectly, you acknowledge that you have read and understood these Terms, and agree to be bound by them and all our other policies.

VARIATIONS TO TERMS

3.1 We may vary, change or amend any part of these Terms in our sole discretion.
3.2 We will provide notice of the variation by publishing the updated Terms on our Sites.
3.3 The updated Terms take effect on the date of publication.
3.4 Your continued purchase of our Products and use of our Sites constitutes acceptance of the updated Terms.
3.5 If you object to the Terms, contact us at [email protected] and immediately discontinue use of the Products and our Sites.

GENERAL DISCLAIMERS

4.1 We offer a number of Products on our Sites from time to time.
4.2 Each Product offering may have different terms, prices and fees, as displayed on our Sites or in any contract with you.
4.3 We provide the Products on an “as-is” and “as-available” basis and make no warranties about the currency, suitability, reliability, availability, timeliness or accuracy of the content and the Sites.
4.4 You must independently verify information on the Sites.
4.5 Nothing on the Sites or in the content is a promise or guarantee of results.
4.6 We are not responsible for decisions you make or their consequences.
4.7 Testimonials and examples are not guarantees of results.
4.8 We make no warranty that our Products are suitable for any particular purpose; you must determine suitability yourself.
4.9 All Products are for general education and information only and are not medical or professional advice. Seek professional advice before acting.

SPECIFIC DISCLAIMERS

5.1 We provide online coaching and education to correct posture and reverse imbalances; your results depend on factors including your commitment and application.
5.2 Nothing in our Products or Sites is medical or professional advice; we are not liable if you fail to obtain such advice.
5.3 Products are provided “as is” and are not tailored to your specific circumstances. Do not partake in activities contrary to medical advice you have received.
5.4 If you do so anyway, we exclude all liability for any loss, injury or damage.
5.5 Participate only within your capabilities; we are not liable if you engage beyond your limits.
5.6 We teach skills and provide tools; seek independent professional or medical advice as required.
5.7 Participate with undivided attention; we exclude liability for activities done while distracted.
5.8 Any representations are illustrative only and not promises of outcomes.
5.9 Our Products are delivered via the Sites; you must register an account to access them. If you terminate your account, you will lose access.
5.10 The Prevention Project Skool Group is accessible exclusively through Skool.com. You must abide by Skool.com’s terms.

YOUR OBLIGATIONS

While using our Products, you must:
(a) follow all instructions and information for any activities you participate in;
(b) avoid distractions while participating;
(c) use discretion considering your abilities, limits, conditions, injuries, and medical/professional advice;
(d) follow professional advice and do not participate if against such advice;
(e) discontinue activities if beyond your abilities or if you experience pain or discomfort;
(f) not copy, publish, communicate, or publicly perform exercises depicted in our Products; and
(g) act in good faith.

6.2 If we request information (responses, feedback, questionnaires, copy, images, etc.) to deliver our Products, you will provide it in a timely manner. Delays may affect delivery.

REGISTERING YOUR DETAILS

7.1 Before purchasing our Products, you must register an account on our Website and/or on Skool.com.
7.2 Provide accurate, complete, and up-to-date information and inform us of any changes.
7.3 We may request identification to verify your identity.
7.4 If you create an account to an online portal, you agree that:
(a) you are solely responsible for protecting the confidentiality of your password;
(b) you will not reveal your password to any other person;
(c) you will immediately notify us if your password is lost or becomes known to another person; and
(d) you are responsible for all access and use via your password.

7.5 Personal information is handled in accordance with our privacy policy.
7.6 You must ensure the security and confidentiality of your account details and notify us of any unauthorized use.

CONFIDENTIALITY

8.1 Each party (Recipient) must keep confidential any Confidential Information or these Terms, except where:
(a) the information is public (other than by breach);
(b) disclosure is required by law;
(c) disclosure is permitted by or required to give effect to these Terms;
(d) disclosure to personnel is necessary to perform obligations and they keep it confidential;
(e) disclosure is required for legal proceedings; or
(f) the party to whom the information relates consents in writing.

8.2 The Recipient must ensure its personnel comply with this clause.
8.3 “Confidential Information” includes all information relating to or arising from your use of the Products and our Sites, and information about a party’s business operations which a reasonable person would consider confidential (e.g., trade secrets, methods, strategies, client lists, pricing). It excludes information independently developed or publicly available without breach.
8.4 This clause survives termination.

9.1 All material on our Sites or in our Products (Our Content) is subject to copyright. You may browse or print for personal use; any other use requires prior written permission.
9.2 You do not acquire ownership rights by using the Sites or Our Content.
9.3 Our trade marks, logos, and service marks (Our Marks) may not be used without permission.
9.4 Nothing on our Sites grants any license or right to use Our Marks.
9.5 Damages may be inadequate for breach; we may seek injunctive relief.

RIGHT TO SUSPEND, TERMINATE AND REFUND

10.1 We may suspend or terminate your use of the Sites or Products without notice if you breach these Terms.
10.2 Either party may terminate by giving 7 days’ written notice, unless otherwise agreed.
10.3 Refunds are not provided unless required by the Australian Consumer Law.
10.4 Refund requests are assessed case-by-case, considering Product delivery costs.

NON-EXCLUSIVITY

11.1 We may provide our Products to other consumers at all times.
11.2 Our Products are not provided on an exclusive basis.

PRICES

12.1 All prices are in US Dollars (USD).
12.2 Prices are inclusive of GST (if applicable) unless indicated otherwise and exclude delivery charges, customs duty and other taxes, if applicable.
12.3 We may offer Additional Content; prices will be specified on our Sites.
12.4 All prices are subject to change without notice.
12.5 We may modify, cancel or limit any Product at any time.

PAYMENTS

13.1 Payment confirmations are sent to the email used at purchase or registered on our Sites.
13.2 Payments for our Website are processed via default payment providers (Online Payment). For our Website, the default provider is Stripe.
(a) Stripe and Skool.com have their own terms; you agree to them.
(b) Ensure sufficient funds for each Online Payment.
(c) You agree not to cancel any Online Payment due; we may reinstate or recover any cancelled/defaulted Online Payment.

13.3 All payments must be made in full before we provide Products.
13.4 We may on-sell or authorize a debt-collection or other agency to collect unpaid amounts.
13.5 We may inform credit watch services of ongoing defaults or avoidance strategies.
13.6 If we invoice you, payment is due by the payment date; failure may lead to suspension.

DISCOUNTS, PROMOTIONS AND OFFERS

14.1 We may offer discounted or promotional pricing, subject to these Terms.
14.2 Any offer is limited to the stated period and conditions as published on our Sites.

LIABILITY IS LIMITED

15.1 Products are provided “as is”; we exclude all warranties and conditions to the extent permitted by law.
15.2 We expressly exclude liability for injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Products.
15.3 Our maximum aggregate liability to you is limited to the actual charges paid by you under these Terms in the one-month period preceding the matter giving rise to the claim.
15.4 Nothing excludes rights that cannot be excluded by law, including under the Australian Consumer Law.
15.5 If liable for failure to comply with a non-excludable guarantee, our liability is limited to resupply of the Products or payment of the cost of resupply.
15.6 This clause applies to the fullest extent permitted by law and survives termination.

YOUR INDEMNITY

16.1 You indemnify us and our officers, agents, partners, directors, shareholders, employees and subcontractors against all losses, liabilities, costs, charges, expenses (including legal costs on a full indemnity basis) arising out of or connected with:
(a) your use of our Products;
(b) any third-party claim arising out of the provision of our Products or these Terms;
(c) your breach of these Terms, including failure to pay fees;
(d) unauthorized circulation, distribution or publication of our materials;
(e) reliance by you or a third party on our Products or information; and
(f) enforcement of these Terms.

16.2 Payments under this clause must be made in full without set-off or counterclaim and without deduction for taxes unless prohibited by law.
16.3 We expressly limit our liability as permitted by law.
16.4 This clause survives termination.

NO DISPARAGEMENT

17.1 You must not make any public or private statement (oral or written) which adversely affects or disparages us or our Products, including on social media or review websites.
17.2 If you breach this clause, you indemnify us in accordance with clause 16.

FORCE MAJEURE

18.1 We are not liable for failure to perform due to a Force Majeure Event.
18.2 We will notify you of such event and anticipated delay as soon as practicable.
18.3 Time for performance is extended for the period of delay; we will use reasonable endeavours to perform.
18.4 Performance resumes as soon as practicable after the event ceases.
18.5 “Force Majeure Event” includes events beyond a party’s reasonable control (e.g., industrial action, civil commotion, cyber-attack, war, natural disaster, epidemic/pandemic, transport impossibility, utility failures, government actions) but not lack of funds.
18.6 “Loss” includes any loss, liability, cost, expense, tax, duty or damage of any nature, including special, incidental or consequential losses.

LINKED WEBSITES, AFFILIATES OR SPONSORS

19.1 Links to other websites are not controlled by us; we accept no responsibility for them. Your use is subject to their terms.
19.2 We may receive compensation for recommending/endorsing/promoting third-party services. This is for remuneration purposes only and not an expression of our own recommendation unless expressly stated.
19.3 We make no representation or warranty for third-party goods/services; make your own enquiries before use or purchase.

SEVERABILITY

20.1 If any provision is invalid, the remaining provisions remain in full force.

NO ASSIGNMENT

21.1 You cannot transfer or assign your rights under these Terms without our prior written consent.
21.2 We may assign or transfer our rights and obligations upon at least 4 weeks’ prior written notice.

SUB-CONTRACTING

22.1 We may sub-contract any obligations; this does not release us from our liabilities.

BINDING ON SUCCESSORS

23.1 These Terms bind and benefit the parties and their heirs, executors, successors and permitted assigns.

DISPUTE RESOLUTION

24.1 Disputes must follow this clause.
24.2 A party claiming a dispute must notify the other party in writing with details.
24.3 Notices to us: [email protected]
24.4 If not resolved within 10 business days, either party may refer the matter to mediation (mediator agreed within 10 business days or appointed by the Executive Director of the Australian Commercial Disputes Centre Limited).
24.5 Mediation: costs shared equally; mediator sets procedures; mediator cannot determine the dispute.
24.6 If not resolved within 10 business days of mediator selection, either party may commence legal proceedings.
24.7 Urgent interlocutory relief may be sought at any time.
24.8 Parties must continue to comply with obligations during a dispute.
24.9 This clause survives termination.

APPLICABLE LAW

25.1 These Terms are governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland.

YOUR FEEDBACK

26.1 Unless specifically stated by you, any information you provide is treated as non-proprietary and non-confidential (see our privacy policy).
26.2 Questions or comments: [email protected]