These Terms and Conditions for Online Courses (“Terms”) govern access to and use of the website at www.implasticfree.com (the “Website”), and all online courses, training programs, digital content, downloadable materials, webinars, memberships and related services (collectively, the “Courses”) offered by Vivi.O Pty Ltd (ABN 23 624 152 227), trading as “I’m Plastic Free” (“Company”, “we”, “us” or “our”), a company incorporated in Queensland, Australia and based in Palmwoods, Queensland, Australia. Courses are made available for two distinct audiences: (a) businesses and organisations purchasing training for commercial, trade or professional purposes (“Business Customers” or “B2B Customers”); and (b) individual consumers purchasing for personal, domestic or household use (“Consumer Customers” or “B2C Customers”). Together, Business Customers and Consumer Customers are referred to as “Customers”, “you” or “your”. Where a provision applies only to one category, this is stated expressly. Courses are delivered using third-party learning management and marketing software, currently Go High Level by HighLevel, Inc. (“Platform Provider”), which is not owned or operated by us. Use of the Platform is also subject to the Platform Provider’s own terms. We sell Courses to Customers located in Australia and internationally. Regardless of where you access a Course from, these Terms and the laws of Queensland, Australia govern our relationship with you, subject to clause 17.1 and any mandatory consumer protection laws of your own country that cannot lawfully be excluded. Relationship to our general Terms of Service These Terms apply specifically to your enrolment in, access to, and use of our online Courses. Your general use of the Website, including our business directory, eBooks and downloadable guides, and our affiliate marketing program, continues to be governed by our general Terms of Service, available at https://www.implasticfree.com/terms-of-services/ (“General Terms”). The General Terms, including our Privacy Policy, also apply to matters relating to the Courses that are not expressly addressed in these Terms. If there is a direct inconsistency between these Terms and the General Terms in relation to the Courses, these Terms prevail to the extent of that inconsistency. BY CREATING AN ACCOUNT, ENROLLING IN, ACCESSING, PURCHASING, OR USING ANY COURSE OR THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE COURSES OR WEBSITE. If you are entering into these Terms on behalf of a company, partnership, trust or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.  

1. Definitions

• “Content” means all text, graphics, video, audio, quizzes, templates, workbooks, certificates, downloadable files, software and other materials made available as part of, or in connection with, a Course.
• “Intellectual Property Rights” means all copyright, trade mark, patent, design, trade secret, know-how, confidential information and all other proprietary or intellectual property rights, whether registered or unregistered, anywhere in the world.
• “Order” means a booking, purchase, subscription or enrolment made through the Website or Platform.
• “Australian Consumer Law” or “ACL” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. About Us

The Courses and Website are provided by Vivi.O Pty Ltd (ABN 23 624 152 227), trading as “I’m Plastic Free”, based in Palmwoods, Queensland, Australia. You can contact us using the details in clause 18 (Contact Us) below.

3. Changes to These Terms

We may amend these Terms at any time by posting an updated version on the Website. Changes take effect from the date of posting and apply to all future purchases and continued use of the Website. Where required by law, or where a change materially reduces your rights in relation to an active enrolment, we will provide reasonable notice before the change applies to you. Your continued use of a Course or the Website after changes take effect constitutes acceptance of the updated Terms.

4. Eligibility and Accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or purchase a Course. Where a Business Customer enrols employees or representatives who are under 18, the Business Customer accepts full responsibility for their compliance with these Terms. You must provide accurate, current and complete information when registering and must keep your account details up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use. We may suspend or terminate an account that provides false information, breaches these Terms, or is used in a manner that risks harm to us, other users, or the integrity of the Courses.

5. Courses, Access and Licence

5.1 Nature of the Courses

Courses are educational and training content relating to plastic-free practices, sustainability and related business or consumer topics. Course content, format, curriculum, instructors, pricing and availability may change from time to time, and we may add, modify, suspend or discontinue any Course or feature at our discretion, subject to honouring existing paid enrolments or providing a remedy under clause 9 (Refunds) or the ACL.

5.2 Licence Grant

A Course licence is granted to, and is for the sole use of, one named individual, whether that individual purchases the Course personally, or is enrolled by a Business Customer as one of its personnel. Subject to full payment of applicable fees and your compliance with these Terms, we grant that individual a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Course Content solely for:

• in the case of a B2C Customer, their own personal learning and non-commercial use; or
• in the case of an individual enrolled by a B2B Customer, that individual’s own internal training as personnel of the specific business entity named on the Order.

Each individual who wishes to undertake a Course must have their own separate, individually purchased licence. A single licence must not be used, accessed or shared by more than one individual, whether sequentially or concurrently, and login credentials must not be shared, transferred or provided to any other person. This applies equally to B2C and B2B enrolments, including where a Business Customer purchases access for multiple staff. A Business Customer wishing to enrol multiple personnel must purchase a separate licence for each individual, unless a multi-seat, multi-entity or franchise licence has been separately agreed with us in writing. No other rights are granted. This licence does not include the right to reproduce, republish, resell, sublicense, broadcast, publicly display, create derivative works from, or otherwise commercially exploit any Content.

5.3 Access Period

Access is provided for the period specified on the relevant Order page (for example, a fixed term, a subscription period, or “lifetime access” meaning access for as long as we continue to make the Course available, whichever is shorter). We are not liable for loss of access resulting from your failure to comply with these Terms, cancellation of a subscription, or discontinuation of a Course where reasonable notice and, where applicable, a pro-rata remedy has been provided.

6. Intellectual Property

6.1 Ownership

All Content, the Website, the “I’m Plastic Free” name, associated logos, course names, curricula, workbooks, templates, videos, graphics, assessments, certificates and all other materials (collectively, “Our IP”) are owned by, or licensed to, Vivi.O Pty Ltd and are protected by Australian and international copyright, trade mark and other intellectual property laws. Nothing in these Terms transfers any ownership of Our IP to you.

6.2 Restrictions

Except as expressly permitted under clause 5.2 or with our prior written consent, you must not, and must not permit any third party to:

• copy, reproduce, republish, distribute, transmit, broadcast, display, sell, license, rent or otherwise commercially exploit any Content;
• modify, adapt, translate, reverse engineer, decompile or create derivative works based on any Content;
• remove, obscure or alter any copyright, trade mark or other proprietary notice;
• share, resell or transfer your account, login credentials, or access to any Course to any third party, including screen-sharing or group log-ins with any other individual, in breach of the individual licensing requirement in clause 5.2;
• record, download, screenshot, screen-capture or otherwise reproduce video, audio or written Content except where an explicit “download” function is provided by us for personal reference use;
• use any Content to create a competing course, product or service, whether for internal use or commercial sale;
• use Our IP, including the “I’m Plastic Free” name and branding, in any way that suggests endorsement, affiliation or sponsorship without our prior written consent.

6.3 User Content

If you submit questions, comments, assignments, reviews, testimonials or other materials to us (“User Content”), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, reproduce, adapt, publish and display that User Content for the purposes of operating, improving, marketing and promoting the Courses and our business, including using testimonials for marketing purposes. You warrant that you own or have the necessary rights to grant this licence and that the User Content does not infringe any third party’s rights.

6.4 Infringement

If you become aware of any unauthorised use of Our IP, please notify us using the contact details in clause 18. We take enforcement of our Intellectual Property Rights seriously and reserve all rights, including termination of access and legal action, against any person who infringes them.

7. Fees, Payment and Taxes

Fees for each Course are as stated on the Website or Order page at the time of purchase, in United States Dollars (USD) unless otherwise stated. We use Stripe, Inc. (“Stripe”) as our payment processor, together with Stripe Tax, to calculate and collect applicable sales tax, Goods and Services Tax (GST), Value-Added Tax (VAT), or other similar consumption tax based on the billing address, card details, IP address or other location information you provide at checkout. Any such tax will be calculated and added to the listed USD price at checkout, and the total charged to you will include that tax. We are registered for GST in Australia and, where required by law, will register to collect VAT, GST or equivalent tax in other jurisdictions, including jurisdictions that apply a zero-value registration threshold to non-resident sellers of digital services (such as the United Kingdom and European Union member states, which generally require tax to be collected from a non-resident seller’s first sale to a consumer in that jurisdiction). Where such tax is correctly collected through Stripe Tax at checkout, we do not separately invoice you for additional tax on the same sale. If you are purchasing as a VAT-registered business in the United Kingdom, the European Union, or another jurisdiction that applies a “reverse charge” mechanism for business-to-business digital services, you must provide a valid VAT number (or equivalent business tax identification number) at checkout. Where Stripe Tax validates that number as belonging to a registered business, the applicable VAT will automatically be calculated at 0% for that transaction, and you, as the business buyer, become responsible for self-accounting for that VAT on your own local tax return under the reverse charge mechanism. If a valid VAT number is not provided at the time of purchase, standard VAT will be charged at checkout, and we are not able to retrospectively refund that VAT, except where required by law. If your payment card, account or bank is denominated in a currency other than USD, your card issuer, bank or payment provider will convert the charge at its own applicable exchange rate and may apply its own currency conversion or foreign transaction fees. We are not responsible for any such conversion fees or exchange rate fluctuations. Payment is processed through Stripe. By submitting payment details, you authorise us, or Stripe on our behalf, to charge the applicable fees, including any recurring subscription fees and any tax calculated under this clause, to your nominated payment method. Your use of Stripe’s payment services is also subject to Stripe’s own terms, available at stripe.com/legal. For subscription or instalment-based Courses, fees (including applicable tax recalculated at the then-current rate) will automatically renew or continue to be charged until you cancel in accordance with clause 8, or the subscription term ends. We may change our fees at any time for future purchases. Changes will not affect an Order already placed unless required by law or otherwise agreed. If a payment fails or is charged back without a valid basis under the ACL or clause 9, we may suspend or terminate your access to the relevant Course until the amount owing is paid, and may charge reasonable dishonour or administration fees.

8. Cancellations and Subscriptions

Where a Course is offered on a subscription or recurring-payment basis, you may cancel future renewals at any time via your account settings or by contacting us, in each case with the cancellation taking effect at the end of the then-current billing period. Cancellation does not entitle you to a refund of amounts already paid except as set out in clause 9 or as required by law.

9. Refunds and Consumer Guarantees

9.1 No Change-of-Mind Refunds

We do not offer refunds, credits or exchanges for change of mind. This includes, without limitation, where you no longer wish to complete a Course, purchased the wrong Course, did not read the Course description before purchasing, lack the time to undertake the Course, or fail to complete the Course within any applicable access period. Please review the Course description, curriculum and any prerequisites carefully before purchasing.

9.2 Consumer (B2C) Customers, Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you under the Australian Consumer Law, or any equivalent mandatory consumer protection law of your own country, that cannot lawfully be excluded. Our Courses come with guarantees that cannot be excluded under the ACL. As required by law, if there is a major failure with a Course, for example, it is significantly different from its description, is not fit for the purpose for which online courses of that kind are commonly acquired, or does not meet the description under which it was advertised, you are entitled, at your option, to a refund or to have the failure remedied. If a failure is not major, you are entitled to have the problem fixed within a reasonable time, or a refund if we are unable to do so. To request a remedy, contact us using the details in clause 18, including your Order details and a description of the problem.

9.3 Business (B2B) Customers

Business Customers acquiring Courses wholly or predominantly for the purposes of a business, as defined under the Australian Consumer Law, acknowledge that certain statutory consumer guarantees under the ACL may not apply to that acquisition. Subject to any rights that cannot lawfully be excluded, fees paid by Business Customers are non-refundable once access to the Course has been provided, except where a Course is materially not as described or we agree otherwise in writing.

9.4 International Customers

If you are located outside Australia, you may also have rights under the mandatory consumer protection laws of your own country that we cannot lawfully exclude. Where those laws grant you rights equivalent to, or greater than, those described in clause 9.2, we will honour those rights. Except as set out in this clause 9, all Course sales are otherwise final.

10. Course Participation, Conduct and Third-Party Platform

Courses are hosted using the Go High Level platform (or any successor or additional platform we may adopt). We are not responsible for outages, bugs, security incidents or data handling practices of the Platform Provider that are outside our reasonable control, although we will use reasonable efforts to assist you in resolving access issues. You must not use the Website, Platform or any Course to: (a) act unlawfully or fraudulently; (b) upload or transmit viruses or harmful code; (c) harass, defame or abuse other users, instructors or staff; (d) attempt to gain unauthorised access to any system, account or data; or (e) engage in conduct that damages our reputation or that of the Course or Platform. We may remove User Content, restrict participation, or suspend or terminate access for any breach of this clause, without refund, where the breach is material.

11. No Professional or Compliance Advice

The Courses provide general education and training regarding plastics reduction, sustainability practices and related topics. They do not constitute legal, environmental compliance, engineering, financial, or other professional advice, and are not a substitute for obtaining advice specific to your circumstances, including advice on compliance with any applicable environmental, packaging, labelling or trade practices laws. You remain responsible for your own business decisions, regulatory compliance and outcomes.

12. Disclaimers

To the maximum extent permitted by law, and subject to clause 9.2 (Consumer Guarantees), the Courses and Website are provided “as is” and “as available” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Website or Platform will be uninterrupted, error-free or secure, or that completing a Course will result in any particular business, environmental, financial or certification outcome.

13. Limitation of Liability

To the maximum extent permitted by law, and subject to clause 9.2, our total aggregate liability to you arising out of or in connection with these Terms or any Course, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees you paid to us for the relevant Course in the twelve (12) months preceding the event giving rise to the claim. To the maximum extent permitted by law, we exclude all liability for indirect, special, incidental or consequential loss, loss of profits, loss of revenue, loss of business opportunity, or loss of data, arising out of or in connection with the Courses or Website, even if we have been advised of the possibility of such loss. Where liability cannot lawfully be excluded but can be limited, our liability is limited, at our option, to supplying the Course again or paying the cost of having the Course supplied again, as permitted under the ACL. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

14. Indemnity

To the extent permitted by law, you indemnify and hold harmless Vivi.O Pty Ltd, its officers, employees, contractors and agents from and against any claim, loss, damage, liability or expense (including reasonable legal costs) arising out of or in connection with: (a) your breach of these Terms; (b) your infringement of any Intellectual Property Rights or other rights of a third party; (c) any User Content you submit; or (d) your misuse of the Courses or Website, except to the extent caused by our negligence or breach of these Terms.

15. Privacy

We collect and handle personal information in accordance with our Privacy Policy at https://www.implasticfree.com/privacy-policy/ and the Privacy Act 1988 (Cth), including the Australian Privacy Principles. That Privacy Policy, which forms part of our General Terms, applies equally to information collected in connection with the Courses. By using a Course or the Website, you acknowledge that your information may be processed by our service providers, including the Platform Provider, which may involve storage or processing outside Australia.

16. Suspension and Termination

We may suspend or terminate your access to a Course or the Website, with or without notice, if you breach these Terms, engage in conduct that we reasonably consider harmful to us, other users or third parties, or fail to pay applicable fees. On termination for breach, no refund will be provided except as required by law. You may stop using the Courses and Website at any time; this does not entitle you to a refund except as set out in clause 9.

17. General

17.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

17.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

17.3 Entire Agreement

In relation to the Courses, these Terms, together with our General Terms of Service (including our Privacy Policy) referenced above and any applicable Course-specific terms or Order confirmation, constitute the entire agreement between you and us regarding the Courses, and supersede all prior negotiations, representations or agreements relating to the Courses, whether written or oral.

17.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, including in connection with a merger, acquisition, or sale of assets, on reasonable notice to you.

17.5 No Waiver

A failure or delay by us in exercising any right under these Terms does not operate as a waiver of that right.

17.6 Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disaster, internet or platform outages, industrial action, or government action.

17.7 Relationship

Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.

17.8 Notices

Any notice under these Terms must be given in writing to the contact details set out in clause 18, or to such other address as either party notifies to the other.

18. Contact Us

For questions about these Terms, refunds, or to report suspected misuse of our Intellectual Property, please contact us at: VIVI.O Pty Ltd t/a “I’m Plastic Free” ABN 23 624 152 227 Palmwoods, Queensland, Australia Email: info@implasticfree.com Phone: +61 487 955 583 www.implasticfree.com