TABLE OF CONTENT
Welcome to the website of Focus Learning Group Pty Ltd trading as “Play4Business” (ABN 55 128 613 427) (“we“, “us” or the “Company“). We are a Certified facilitator of LEGO® SERIOUS PLAY® method and materials and other innovative and fun team-building solutions. This website is located on the web via the domain https://play4business.com and includes all of the files, content platforms, applications or services located in that domain (“this Site“).
By accessing this Site, you agree to be bound by these terms of use (“Terms“). These Terms constitute a binding agreement between you and the Company and govern your use of this Site. If you do not agree to the Terms, you are not permitted to access or use this Site.
As part of these Terms, your use of this Site is also subject to our Privacy Policy (located at http://www.play4business.com/privacy) and our Returns Policy, our Cookie Policy and any specific additional terms and policies that apply to any specific services you use reasonably notified to you, each of which are incorporated by reference into these Terms. PLEASE NOTE THAT RETURNS AND REFUNDS ARE NOT AVAILABLE IN ANY CIRCUMSTANCES ON ANY DIGITAL ITEMS OR ANY SERVICES WE PROVIDE TO YOU.
If you are under 18 years of age, you cannot place orders through this Site. By using this Site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this Site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
The Company reserves the right to make any parts of this Site accessible only to users who have registered.
Upon registration with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this Site, you must agree to these Terms and provide the Company with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
One person may not maintain more than one account with this Site. Accounts registered by “bots” or other automated methods are not permitted.
The Company reserves the right to accept or reject any application for registration of an account with this Site at its discretion.
By placing an order through this Site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Terms. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products/services to you – however, the Company will endeavour to supply your selected products/services to you.
We will not commence processing any order made through this Site unless and until:
We reserve the right at our discretion to:
Acceptance of each order will take place if and when the Company:
Once you have become a subscriber to our Website Services, for so long as your account and subscription remain active in accordance with these Terms, you will benefit from the features specified on our Site in relation to your subscription type, and we grant you the right to access and use the subscribed Website Services solely your internal business operations. We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.
At the end of any period of subscription for which you have paid, and subject to the other provisions of these Terms, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on this Site before the date of renewal.
The Company reserves the right to change the prices for products/services displayed in this Site at any time before you place an order.
The prices for products and Website Services will be as set out on this Site from time to time. All amounts stated in these Terms or on this Site are stated exclusive of applicable sales taxes.
You must pay to us the fees in respect of our products and Website Services in advance, in cleared funds, in accordance with any instructions on this Site. We may vary fees from time to time by posting new fees on this Site, but this will not affect fees for services that have been previously paid.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
If you make an unjustified credit card, debit card payment or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.
Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be exclusive of sales taxes.
Payment for orders placed through this Site may be made:
The Company uses the third-party payment gateway provided by Stripe, Inc. for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own Terms and privacy policy. For more information about Stripe, see the Stripe website (https://www.stripe.com).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address).
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of the USA in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
The Company also allows Customers to use their PayPal payment account for secure online payments. Payments made through PayPal are subject to PayPal’s own Terms and privacy policy, links to which are provided from the PayPal checkout pages. For more information about PayPal, see the PayPal website (https://www.paypal.com).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
It is not necessary to have a PayPal account in order to make a purchase on this Site. PayPal accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Except as expressly provided otherwise in these Terms, all amounts paid through this Site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Terms below.
If you owe us any amount under or relating to these Terms, we may suspend or withdraw the provision of services to you.
We may at any time set-off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
While Stripe, PayPal and this Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
If you use this Site or expressly agree to these Terms in the course of a business or other organisational project, then by so doing you bind both:
to these Terms, and in these circumstances referenced to “you” in these Terms are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise. In such circumstances, the right of access and use provided to your organisation is subject to the following limitations:
In these Terms, the term “Proprietary Content” means:
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by international copyright laws and treaties. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this Site only for internal organisational purposes only provided that you do not remove or modify any copyright, trademark or other proprietary notices.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The Company’s logo and the phrases “Play4Business” and the ‘What The Duck™’ method, are trademarks of the Company. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
LEGO, SERIOUS PLAY, IMAGINOPEDIA, the Minifigure and the Brick and Knob configurations are trademarks of the LEGO Group, which does not sponsor, authorise or endorse this website.
Playmobil Pro, Rory’s story cubes, World café are trademarks of their respective owners
In these Terms, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Each party shall comply with the applicable data protection laws with respect to the processing of the customer personal data from time to time.
You warrant to us that you have the legal right to disclose all personal data that it does in fact disclose to us under or in connection with these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
You agree that your use of this Site is at your own discretion and risk. You, and any company or legal entity you represent individually and separately agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Terms, the Company excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
In these Terms, the following rules of interpretation apply:
The Company may provide any notification for the purposes of these Terms by email and/or by adding the notification into your user control panel.
Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without the Company’s prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
The Company reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the products/services offered through this Site.
You may only vary or amend these Terms by written agreement with the Company.
These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Focus Learning Group Pty Ltd trading as “Play4Business” (ABN 55 128 613 427) (“we”, “us” or the “Company”) prides itself on providing products of the highest quality and is committed to customer satisfaction.
This returns policy describes generally how we manage product returns. Returns remain subject to our Terms (http://www.play4business.com/terms). If you would like more information, please don’t hesitate to contact us.
Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.
Returns and Refunds are not available in any circumstances on any Digital Items or any Subscription (or other) Services we provide to you.
Refunds will not be available in any circumstances. If you are not satisfied with any item that you receive from us, you may be entitled to return that item to us in accordance with the below.
If you are not satisfied with any physical goods that you purchase from us, please let us know as soon as possible as we may be able to replace the item for you. In some circumstances, we may provide a credit instead of replacement at our discretion.
To receive a replacement or credit, you must first return the item to us along with its original packaging.
If we receive the returned item, or written notice from you that you will be returning the item, within the first 10 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Company is at fault and:
If we do not receive the returned item, or written notice from you that you will be returning the item, within the first 10 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item if considered appropriate by us) to ascertain whether or not the Company is at fault and:
In this returns policy, “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in New York are open for business.
In all cases, you must pay the costs involved in shipping the returned product back to the Company. If we consider that the Company is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that the Company is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the product to us.
These Terms and Conditions (“Terms”) govern the 15-Day Money Back Guarantee (“Guarantee”) offered by Play4Business (“Company”, “we”, “us”, or “our”) to customers (“Customer”, “you”, or “your”) who purchase our LEGO Serious Play online training courses. By purchasing our courses and participating in the Guarantee, you agree to be bound by these Terms.
To be eligible for the Guarantee, you must:
To qualify for a refund under the Guarantee, you must meet the following criteria:
Upon receipt of a refund request that meets the criteria outlined in these Terms, the Company will review the request and, if approved, process the refund within 14 business days.
Refunds will be issued to the original method of payment. We reserve the right to deny a refund request if it does not meet the criteria outlined in these Terms.
To the fullest extent permitted by law, the Company’s liability under the Guarantee is limited to the amount paid for the course, and in no event will the Company be liable for any indirect, consequential, or special damages arising from the use of, or inability to use, the course.
The Company reserves the right to modify, amend, or update these Terms at any time and at its sole discretion.
Any changes will be effective immediately upon posting on our official website.
Your continued use of our courses after any changes to the Terms constitutes your acceptance of the new Terms.
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
If you have any questions about these Terms or the Guarantee, please contact us at info@play4business.com
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