Terms of Use
Last Updated: 7 June 2024
Please read these Terms of Use carefully before accessing or using any part of the Fortunaspark platform available at fortunaspark.com. By accessing or using the platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the platform.
1. Definitions
The following terms apply throughout this document:
- Platform refers to the Fortunaspark website, web application, and all associated services accessible at fortunaspark.com.
- Company refers to Fortunaspark, the operator of the Platform.
- User refers to any individual who accesses, browses, registers on, or otherwise uses the Platform.
- Account refers to the registered profile created by a User to access restricted features of the Platform.
- Content refers to all text, images, video, audio, data, materials, and other information made available on or through the Platform.
- Session refers to any live or recorded webinar, workshop, or instructional broadcast hosted on the Platform.
2. Acceptance of Terms
Your access to and use of the Platform constitutes your agreement to these Terms of Use, our Privacy Policy, and any additional guidelines or rules posted on the Platform. These Terms apply to all visitors, registered users, and any other persons who access the Platform.
The Company reserves the right to update or modify these Terms at any time. The most current version will always be available on this page with the date of last revision. Continued use of the Platform following any changes constitutes acceptance of the revised Terms.
3. Eligibility
You must be at least 16 years of age to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement. If you are using the Platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
4. User Accounts
4.1 Registration
Certain features of the Platform require you to create an Account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.
4.2 Account Security
You must notify the Company immediately if you become aware of any unauthorised use of your Account or any other breach of security. The Company will not be liable for any loss or damage resulting from your failure to protect your Account credentials.
4.3 Account Termination
You may close your Account at any time by contacting us at contact@fortunaspark.com. The Company reserves the right to suspend or terminate any Account at its sole discretion, without prior notice, if it determines that a User has violated these Terms or engaged in conduct harmful to other users or the Platform.
5. Use of the Platform
5.1 Permitted Use
You may use the Platform solely for lawful, personal, non-commercial educational purposes in accordance with these Terms. You agree not to use the Platform in any way that could damage, disable, overburden, or impair its operation.
5.2 Prohibited Conduct
You agree that you will not:
- Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
- Reproduce, distribute, publicly display, or create derivative works from any Content on the Platform without prior written authorisation.
- Attempt to gain unauthorised access to any part of the Platform, its servers, or any connected systems.
- Upload, transmit, or share any content that is defamatory, obscene, threatening, abusive, or otherwise objectionable.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Use automated tools, bots, scrapers, or similar mechanisms to extract data from the Platform without express written consent.
- Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
- Record, capture, or redistribute live or recorded Sessions without express written permission from the Company.
- Share your Account credentials or allow third parties to access the Platform through your Account.
6. Intellectual Property
6.1 Company Ownership
All Content, trademarks, logos, service marks, trade names, and other intellectual property on the Platform are owned by or licensed to the Company. Nothing in these Terms grants you any right, title, or interest in such materials beyond the limited licence described herein.
6.2 Limited Licence
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and its Content solely for your personal, non-commercial educational use. This licence does not include the right to sublicense, sell, resell, copy, or exploit any Content for commercial purposes.
6.3 User-Submitted Content
If you submit, post, or otherwise provide any content to the Platform, including messages, questions, or feedback during Sessions, you grant the Company a worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display that content in connection with the operation and promotion of the Platform. You represent that you have all necessary rights to grant this licence.
7. Sessions and Educational Content
7.1 Nature of Content
Content delivered through Sessions, including webinars and instructional materials, is provided for general educational purposes only. It does not constitute professional advice of any kind. The Company makes no guarantee that the skills or knowledge acquired through the Platform will result in any particular outcome, employment, or commercial success.
7.2 Session Access
Access to specific Sessions may be subject to separate enrolment, registration, or payment requirements. The Company reserves the right to modify, cancel, or reschedule Sessions at any time. Where a Session is cancelled by the Company, registered participants will be notified as soon as reasonably practicable.
7.3 Conduct During Sessions
Users participating in live Sessions must conduct themselves respectfully and professionally. Disruptive, offensive, or abusive behaviour during Sessions may result in immediate removal from the Session and suspension of Account access.
8. Payments and Refunds
8.1 Fees
Certain Sessions or features may require payment. All applicable fees will be clearly disclosed prior to purchase. By completing a purchase, you agree to pay the stated amount in full.
8.2 Refund Policy
Refund eligibility is determined on a case-by-case basis. Requests for refunds must be submitted to contact@fortunaspark.com within 7 days of the original purchase date. The Company reserves the right to decline refund requests where a Session has already been accessed or attended.
8.3 Pricing Changes
The Company reserves the right to change its pricing at any time. Price changes will not affect purchases already completed prior to the change taking effect.
9. Third-Party Links and Services
The Platform may contain links to third-party websites or services that are not owned or controlled by the Company. The Company does not endorse, review, or assume responsibility for the content, privacy practices, or availability of any third-party sites. Accessing third-party links is done at your own risk, and you should review the applicable terms and policies of those sites independently.
10. Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy. For questions about your personal information, contact us at contact@fortunaspark.com.
11. Disclaimers
The Platform and all Content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. The Company does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. To the fullest extent permitted by applicable law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by applicable law, the Company, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of or inability to use the Platform, even if the Company has been advised of the possibility of such damages. In no event shall the Company's total liability to you exceed the amount you paid to the Company in the twelve months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.
14. Modifications to the Platform
The Company reserves the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice. The Company shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
15. Governing Terms
These Terms represent the entire agreement between you and the Company regarding your use of the Platform and supersede all prior agreements, understandings, or representations relating to the same subject matter. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
16. Contact Information
If you have any questions, concerns, or requests relating to these Terms of Use, please contact us through any of the following:
- Email: contact@fortunaspark.com
- Phone: +61 428 590 268
- Address: Shop 6/480 King St, Newtown NSW 2042, Australia