Terms of service
Terms of Service
This website is operated by Lives Lived Well Limited (LLW). Throughout this site, the terms “we”, “us” and “our” refer to LLW.
These Terms of Service (“Terms”) set out the conditions on which you agree to use and access this website including all information, tools and services available to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Drug and Alcohol First Aid (DAFA) online training and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms.
If you have any questions about DAFA or these Terms, please let us know through the Contact form (https://dafa.org.au/pages/contact)
1. Background and acknowledgements before use
1.1 DAFA is online training for Alcohol and Other Drug (AOD) treatment resources.
1.2 It includes written content, videos and online training modules.
1.3 Please ensure that you carefully read and fully understand these Terms before proceeding with using DAFA and proceeding with any purchases.
1.4 Once you purchase training you will be bound by these Terms. If you do not agree to these Terms, do not proceed with any purchase.
1.5 Our website is hosted on Shopify with the learning material delivered via LearnUpon. These online e-commerce and education delivery platforms allow us to sell our products and services to you.
1.6 In particular, you acknowledge and agree that:
(1) DAFA is intended to supply AOD related training but is not a substitute for professional medical advice, diagnosis or treatment.
(2) You should always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition.
(3) You should never disregard professional medical advice or delay in seeking it before any interaction you may have with DAFA.
(4) The use of DAFA is solely at your own risk. We disclaim any liability for decisions made or actions taken based on the information provided by DAFA.
2. Definitions and interpretation
In these Terms:
(1) Platform means the various web platforms hosted by Us and accessible at https://dafa.org.au and https://dafa.learnupon.com/;
(2) Us, We and LLW means Lives Lived Well Limited ACN 154 079 533; and
(3) You means the individual accessing or using DAFA via the Platform.
(1) Reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural includes the singular;
(c) a person includes a body corporate;
(d) a party includes the party’s executors, administrators, successors and permitted assigns;
(e) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:
(i) that Statutory Provision as amended or re-enacted;
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision; and
(iii) another regulation or other statutory instrument made or issued under that Statutory Provision; and
(f) money is to Australian dollars, unless otherwise stated.
(2) "Including" and similar expressions are not words of limitation.
(3) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(4) Headings and any table of contents or index are for convenience only and do not form part of these Terms or affect its interpretation.
(5) A provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
(6) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.
3. Licence
3.1 We grant you a revocable, non-exclusive, non-transferable, limited licence to access and use DAFA for your own personal, non-commercial uses strictly in accordance with these Terms.
3.2 You will not, nor allows others to:
(1) licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit DAFA;
(2) make DAFA available to any third party; or
(3) remove, alter or obscure any proprietary notice relating to DAFA.
4. Modifications
4.1 We may modify DAFA from time to time to provide better support and improve its functionality.
4.2 You acknowledge that to do this, we may suspend or discontinue DAFA temporarily.
4.3 We may suspend or discontinue DAFA permanently at any time and without notice to You.
4.4 We will not be liable in any such circumstance.
5. Term
5.1 These Terms will remain in effect whilst You are using DAFA and will recommence each time you seek to access DAFA and agree to these Terms.
6. No warranties
6.1 Except as expressly provided to the contrary in these Terms, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to DAFA are excluded to the extent permitted by law.
6.2 If a guarantee under the Australian Consumer Law applies to these Terms, our liability for failure to comply with the guarantee is limited to supplying the services (being access to DAFA) again.
6.3 You warrant that you have not relied on:
(1) any term, condition or warranty, undertaking, inducement or representation made by or on behalf of us which has not been stated expressly in these Terms; or
(2) any description or illustrations or specifications contained in any document including any catalogues or publicity material produced by us if it is not incorporated in or referred to expressly in these Terms.
7. Indemnity and release
(1) all losses and liabilities incurred by Us; and
(2) all costs actually payable by Us to our own legal representatives (whether or not under a costs agreement) and other expenses incurred by You in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal); arising directly or indirectly as a result of or in connection with your breach of these Terms.
7.2 You release Us from all liability and any claim, action, proceeding or demand which may arise as a result of You accessing and using DAFA.
8. Severability
8.1 If anything in these Terms is unenforceable, illegal or void then it is severed and the rest of these Terms remains in force.
9. Refunds
9.1 LLW wants you to be satisfied with the course you enrol in, and as a result, course purchases can be refunded within 14 days. For whatever reason, if you are unhappy with a course, please let us know through the Contact form.
10. Entire understanding
10.1 These Terms, and any document expressly incorporated into these Terms:
(1) is the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms; and
(2) supersedes any prior agreement or understanding on anything connected with that subject matter.
11. Variation
11.1 An amendment or variation to these Terms is not effective unless it is in writing and signed by the parties.
12. Waiver
12.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
12.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
12.3 A waiver is not effective unless it is in writing.
12.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
13. Personal Information
13.1 Your submission of personal information through our site and Learning Hub is governed by our Privacy Policy.
14. Member Account, Password and Security
14.1 You will create a password and account designation upon completing the purchase and registration process and You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
14.2 You agree to
a) immediately notify LLW of any unauthorised use of your password or account or any other breach of security, and
b) ensure that you exit from your account at the end of each session.
14.3 LLW cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 15.
15. Errors, Inaccuracies and Omissions
15.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.
15.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
15.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
15.4 No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16. Intellectual Property and Prohibited Uses
16.1 All content, videos, concepts and designs on our site are owned by Lives Lived Well Limited or used under licence. They are protected by copyright under the laws of Australia and other countries through international treaties. We are proud of our site and products and will protect our investment in creating them.
16.2 Except to the extent permitted by law, no part of our site nor any of the courses, videos, images or content may be copied, reproduced, adapted, broadcast or transmitted in any form by any means without our prior written permission. Course content, including videos, articles, images and content made available on our site (whether free or paid) are for your non-commercial, personal use only.
16.3 The following acts are expressly prohibited:
a) Any commercial use for profit or gain;
b) Sharing or redistribution of courses, videos, articles or images;
c) Making and/or selling copies of courses, videos, articles or images; and
d) Removing any proprietary notice on any file.
e) Our site contains trade marks, logos and trade names of LLW which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on our site.
16.4 LLW's logos and visuals within the videos and other content must also remain untouched and unedited. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. Governing law and jurisdiction
17.1 The law of Queensland governs these Terms.
17.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.