1. About these Terms

These Terms and Conditions govern access to and use of www.senseup.org and any related websites, landing pages, online communities, course portals, digital products, live online training, memberships, masterclasses, coaching, in-person workshops, events and other education or professional development services provided under the SenseUp brand.

By using the Website, creating an account, purchasing a Product or Service, registering for an Event, or otherwise accepting these Terms at checkout, you agree to be bound by them. If you purchase on behalf of an organisation, you confirm that you have authority to bind that organisation.

If a specific offer, checkout page, order form or written agreement contains additional terms, those additional terms form part of the contract. If there is an inconsistency, the specific offer terms apply to that purchase to the extent of the inconsistency.

SenseUp may record the date, time and version of the Terms accepted at checkout. These Terms apply from their effective date and do not retrospectively replace terms previously accepted for an earlier purchase, unless a lawful variation is agreed or otherwise permitted by law.

2. About SenseUp

In these Terms, SenseUp, we, us and our refer to SenseUp Pty Ltd, ABN 86 660 099 570, an Australian private company active from 13 June 2022 and operating the SenseUp and SenseUp Training brands from Queensland 4227, Australia.

Website: www.senseup.org

Email: [email protected]

Business location: Queensland 4227, Australia

Chief Executive Officer: Kerry Evetts

3. Key definitions

Term	Meaning
Content	All text, graphics, diagrams, models, frameworks, templates, workbooks, slides, videos, audio, recordings, downloads, resources, course materials and other material made available by SenseUp.
Digital Product	A downloadable or online resource, e-book, template, recording, course, masterclass, membership or other digitally supplied product.
Event	A live online or in-person workshop, training session, conference session, coaching session, masterclass or other scheduled learning activity.
Participant	A person who accesses, purchases, enrols in or attends a Product, Service or Event.
Product or Service	Any Content, Digital Product, Event, membership, coaching, course, training or other offering supplied by SenseUp.
Website	www.senseup.org and any SenseUp-controlled page, portal or community that links to these Terms.

 

4. Eligibility and professional responsibility

• You must be at least 18 years old, or have the consent of a parent or legal guardian where a particular offer permits younger participants.
• Where a Product or Service is restricted to occupational therapists or another professional group, you must meet the stated eligibility requirements and provide accurate professional information.
• You remain responsible for complying with your registration standards, scope of practice, workplace policies, supervision requirements and the laws applying to your professional practice.
• You must not rely on SenseUp Content as a substitute for client-specific assessment, clinical supervision, university accreditation, professional registration or advice from an appropriately qualified practitioner.

5. Website access and acceptable use

You may use the Website only for lawful purposes and in accordance with these Terms.

• Do not interfere with the security, operation or availability of the Website or any course platform.
• Do not attempt to gain unauthorised access to accounts, restricted materials, systems or data.
• Do not scrape, harvest, copy or systematically extract Website or course content.
• Do not upload malicious code, misuse contact forms, impersonate another person or use the Website for unlawful, misleading, defamatory or harmful activity.
• Do not use SenseUp Content, participant information or community discussions to train an artificial intelligence system, create a dataset, develop a competing training product, or generate derivative educational material without prior written permission, except to the extent such restriction is prohibited by law.

6. Orders, contract formation, pricing and payment

6.1 Orders and acceptance

An order is an offer to purchase. A contract is formed when SenseUp accepts the order, receives payment or provides access, whichever occurs first. We may decline or cancel an order where there is an obvious pricing error, suspected fraud, an eligibility issue, a sanctions or legal restriction, or an inability to supply the Product or Service. If we cancel after payment, we will provide a refund as required by law.

6.2 Prices, currencies and taxes

Prices are displayed in the currency stated at checkout. Australian prices may be stated as inclusive or exclusive of GST as clearly indicated. Currency conversions shown on the Website are estimates only. Your bank, card provider or payment service may apply its own exchange rate and fees.

6.3 Payment plans and recurring payments

Where a payment plan or subscription is offered, the price, instalment schedule, renewal terms and cancellation process will be disclosed before purchase. You authorise the payment provider to charge each amount on the stated schedule. Cancelling access does not automatically cancel amounts already due under an agreed fixed payment plan, unless the applicable offer terms or law provide otherwise. Subscription renewals may be cancelled using the process stated at checkout or in the account.

7. Digital Products, courses and memberships

7.1 Personal licence

Unless SenseUp agrees otherwise in writing, purchase gives the named Participant a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Digital Product for their own professional learning and lawful clinical reasoning. Ownership of the Content is not transferred.

7.2 Accounts and access

• Keep login details confidential and do not share an account or allow another person to access paid Content through your login.
• Access applies for the period stated on the offer and checkout page. SenseUp will not describe access as permanent or lifetime unless the practical meaning and limitations of that description are clearly explained before purchase.
• You are responsible for compatible devices, software, internet access and basic technical requirements.
• SenseUp may make reasonable platform, format, presenter or scheduling changes that do not materially reduce the purchased learning experience.

7.3 Live sessions and recordings

Live sessions may be recorded. Participants will be informed where recording occurs. Recordings may capture names, voices, chat comments or video if a Participant chooses to contribute. Participants must not record, photograph, transcribe or distribute a session unless SenseUp gives written permission.

7.4 Community and case discussion

• Do not disclose identifying client, child, family, colleague or workplace information.
• Use appropriately de-identified case information and obtain any consent required by your professional obligations.
• Treat participant contributions as confidential and do not reproduce them outside the learning environment.
• SenseUp may moderate or remove content that is unsafe, unlawful, discriminatory, confidential, professionally inappropriate or inconsistent with the purpose of the community.

8. In-person and live online Events

8.1 Registration and substitutions

A registration is for the named Participant. A substitute may attend with prior written approval and must meet any eligibility requirements. Requests should be made at least 48 hours before the Event where reasonably possible.

8.2 Participant cancellations

Any cancellation policy stated on the Event page or checkout applies. If no specific policy is stated, the following default change-of-mind policy applies, subject to mandatory consumer rights and the rule that any retained amount must not exceed SenseUp's reasonable unrecoverable costs and loss:

• 30 or more calendar days before the Event: refund of the ticket price less non-refundable payment-processing charges and a reasonable administration amount, together capped at 10 percent, or transfer to another available Event.
• 15 to 29 calendar days before the Event: transfer to another available Event, or a refund less reasonable unrecoverable costs, capped at 50 percent of the ticket price.
• 14 calendar days or less before the Event: an approved substitute or transfer may be offered. Any refund will take into account costs SenseUp has reasonably incurred and any amount SenseUp is able to avoid or recover.
• Non-attendance does not create a right to a refund, unless required by law.

SenseUp may consider exceptional circumstances in good faith. Supporting information may be requested where reasonably necessary.

8.3 SenseUp cancellation, postponement or material change

SenseUp may cancel, postpone, relocate, change a presenter, or move an Event online where reasonably necessary. If SenseUp cancels an Event and does not provide a reasonable replacement, the Event fee will be refunded. If an Event is materially changed and the Participant cannot reasonably attend the replacement, SenseUp will offer an appropriate transfer, credit or refund for the affected portion, subject to applicable law.

Unless required by law, SenseUp is not responsible for separate travel, accommodation, visa, leave or other third-party costs. Participants should use flexible bookings and appropriate insurance.

8.4 Safety, accessibility and conduct

• Tell the course instructor before practical training about any injury, health condition, disability, pregnancy, access requirement or other circumstance that may affect safe participation, but only provide information that is reasonably necessary.
• Follow reasonable safety instructions and venue rules. You may decline an activity you do not consider safe or appropriate for you.
• Respect presenters, hosts, venue staff and other Participants. SenseUp may remove a person whose behaviour creates a material safety risk, serious disruption, harassment or unlawful conduct. Any refund will be determined fairly and subject to applicable law.
• No Participant may photograph, film or record another person without permission.

9. Refunds, guarantees and Australian Consumer Law

Specific Products or Services may include a stated money-back guarantee. The conditions and period shown on the relevant offer page apply.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Where a Product or Service has a major failure, eligible consumers may be entitled to cancel and receive a refund and may also be entitled to compensation for reasonably foreseeable loss. Other remedies may apply for non-major failures.

For customers in other countries, any mandatory local consumer rights continue to apply. Where mandatory cooling-off or withdrawal rights apply to immediately supplied digital content, SenseUp will obtain any consent or acknowledgement required by the applicable law.

10. Educational and clinical disclaimer

SenseUp provides professional education and general information. Content may summarise research, established theories, clinical literature, professional frameworks and Kerry Evetts' clinical experience and interpretation.

• Content does not create an occupational therapist-client, supervisor-supervisee, doctor-patient or other therapeutic relationship.
• Content is not direct therapy, diagnosis, treatment, client-specific advice, legal advice, medical advice or a substitute for an individual assessment.
• Participation does not constitute university accreditation, professional registration, endorsement by a regulator, or authorisation to represent yourself as a SenseUp trainer, partner, licensee or certified practitioner unless SenseUp expressly confirms this in writing.
• You are responsible for deciding whether and how learning is applied within your competence, role, setting and professional obligations.
• Research and professional practice evolve. SenseUp does not warrant that all Content will remain current indefinitely or produce a particular clinical, professional, commercial or educational result.

11. Certificates and professional development claims

Certificates confirm the participation, attendance, completion or competency status expressly stated on the certificate. They must not be altered or used to claim a qualification, registration, accreditation, scope of practice or affiliation that has not been awarded.

12. Intellectual property, copyright and trade marks

12.1 Ownership

SenseUp and its licensors retain all rights, title and interest in the Content, including copyright in original text, diagrams, graphics, recordings, workbooks, templates, arrangement, selection and presentation. References to established theories, literature or third-party frameworks remain subject to the rights of their respective owners.

SenseUp does not claim ownership of established theories, general ideas, methods, facts, standard clinical knowledge or third-party frameworks. SenseUp's rights relate to its original expression and, where protected by law, its selection and arrangement, written explanations, diagrams, graphics, recordings, workbooks, templates, branded terminology, training materials and brand identifiers.

Acknowledging or citing SenseUp does not itself grant permission to reproduce, adapt, teach, distribute or commercialise protected SenseUp Content.

12.2 Permitted professional use

You may apply general learning and clinical concepts in your own lawful professional practice. You may also make reasonable personal study notes. This permission does not allow reproduction or commercialisation of the training product itself.

Participants retain rights in work they create independently. However, independently created work must not reproduce a substantial part of protected SenseUp Content, imply SenseUp endorsement or authorisation, or present SenseUp's original expression or branded materials as the Participant's own.

12.3 Prohibited reproduction and adaptation

Unless permitted by law or approved in writing, you must not:

• copy, reproduce, republish, upload, distribute, sell, sublicense, translate, publicly display or communicate a substantial part of the Content;
• share slides, handouts, recordings, templates, diagrams, course downloads or account access with another person;
• remove copyright, authorship, trade mark or attribution notices;
• present SenseUp Content, copyright-protected diagrams, wording, selection and arrangement, branded terminology or training materials as your own;
• adapt or incorporate a substantial part of SenseUp's protected expression into another course, model, framework, publication, presentation, research output, commercial resource or training product without written permission;
• teach, certify, supervise or train others in the SenseUp Model or SenseUp Approach unless authorised under a written SenseUp licence or trainer agreement;
• use Content to develop, train, evaluate or supply an artificial intelligence model, automated content system, dataset or competing educational product.

12.4 Attribution and no endorsement

A reference to SenseUp, Kerry Evetts, the SenseUp Model or the SenseUp Approach must be accurate, proportionate and consistent with any citation or brand guidance supplied. Attendance at a workshop or course does not imply that SenseUp has reviewed, approved, endorsed or collaborated on a Participant's separate framework, publication, service or business.

12.5 Trade marks and brand use

SenseUp names, logos, icons, course names, program names, slogans and other brand identifiers are registered or unregistered trade marks and indicia of origin belonging to SenseUp or its licensors. No licence to use them is granted except as strictly necessary to identify a purchased Product or Service, or with prior written permission.

You must not use a SenseUp mark in a business name, domain name, social-media handle, course title, certificate, advertisement, publication or promotional material, or in a way that suggests endorsement, affiliation, certification, partnership or authorisation that does not exist.

12.6 Reporting suspected misuse

Suspected unauthorised use of SenseUp Content or brand identifiers may be reported to [email protected]. SenseUp may take reasonable steps to investigate, preserve evidence, request clarification, protect its rights and seek professional advice.

13. Participant content, feedback and testimonials

You retain ownership of original content you submit. You grant SenseUp a limited licence to host, store and display that content only as necessary to provide the Product or Service. You must have the right to submit it and must not include unlawful, infringing or improperly disclosed confidential material.

SenseUp may use de-identified feedback to improve its services. A named testimonial, photograph, video or case study will be used for marketing only with appropriate permission, which may be withdrawn for future use subject to legal and operational limitations.

14. Privacy and communications

Personal information is handled under the SenseUp Privacy and Cookies Policy. Service communications may be sent where necessary to administer an account, purchase, Event or course. Marketing communications will be sent in accordance with applicable law and will include a method to unsubscribe.

15. Third-party platforms, links and services

SenseUp may use third-party providers for hosting, course delivery, payments, email, video conferencing, analytics and event administration. Those providers may have their own terms and privacy policies. SenseUp is not responsible for an unrelated third-party website or service, but this does not exclude responsibility that cannot lawfully be excluded.

16. Availability, security and technical issues

SenseUp aims to provide reliable access but does not guarantee uninterrupted or error-free operation. Maintenance, internet failures, cyber incidents, provider outages or events outside reasonable control may affect access. SenseUp will take reasonable steps to restore access or provide an appropriate alternative where the impact is material.

17. Suspension and termination

SenseUp may suspend or terminate access where reasonably necessary to address non-payment, account sharing, a material breach, unlawful conduct, serious community misconduct, security risk or misuse of Content. Where practical, SenseUp will give notice and an opportunity to remedy the issue. Any refund will be determined under the applicable offer terms, consumer law and the seriousness of the breach.

18. Disclaimers and limitation of liability

To the maximum extent permitted by law, SenseUp excludes implied terms that may lawfully be excluded. SenseUp is not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by a Participant's unauthorised, unsafe, unlawful or professionally inappropriate use of Content.

Where liability cannot lawfully be excluded, SenseUp's liability is limited only to the extent permitted by law. Nothing in these Terms limits liability for fraud, wilful misconduct, personal injury caused by negligence where such liability cannot be limited, or any other liability that cannot lawfully be excluded.

19. Complaints and dispute resolution

1. Contact SenseUp at [email protected] and provide enough information for the issue to be assessed.

2. The parties will attempt to resolve the issue promptly and in good faith.

3. If the issue is not resolved, either party may propose mediation before commencing proceedings, unless urgent relief or a statutory complaint process is appropriate.

4. Nothing in this clause prevents a consumer from contacting a regulator, consumer protection body or tribunal, or exercising a legal right.

20. Governing law and international users

These Terms are governed by the laws of Queensland, Australia. The courts and tribunals of Queensland have non-exclusive jurisdiction. Mandatory consumer, privacy and other protections that apply in a Participant's country are not excluded by this clause.

21. Changes to these Terms

SenseUp may update these Terms for future use. The version accepted at the time of purchase generally applies to that purchase, unless a lawful variation is agreed or reasonably required for an ongoing service and the change is not unfair. Material changes to an ongoing service will be notified in advance where reasonably practicable.

22. General

• If a provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary.

• A delay in enforcing a right is not a waiver of that right.

• You may not transfer your contract without written approval. SenseUp may transfer the contract as part of a genuine business restructure or sale, provided this does not materially reduce your rights.

• These Terms, the applicable offer terms and the Privacy and Cookies Policy form the agreement relating to the purchase, unless a separate written agreement applies.

23. Contact

SenseUp Pty Ltd

Chief Executive Officer: Kerry Evetts

Queensland 4227, Australia

Email: [email protected]

Website: www.senseup.org