ONLINE COURSE AGREEMENT
Terms and Conditions
Last updated on 12 September 2024
In these Terms, we refer to Swipe Me Happy ABN 72836593377 as “our”, “we”, or “us”.
And you are you!
What are these Terms about?
These Terms apply when you sign up for our online course through our website https://swipemehappy.com or any other online environment where we host our online learning including but not limited to https://thrivecart.com as well as any other websites we operate with the same domain name and a different extension (Website).
Key Words used in these Terms
To make it easier for you to understand the terms on which we provide, and you use, an Online Course, we’ve tried to keep these terms and conditions (Terms) as simple as possible by using plain English.
When we say “Online Course” in these Terms, we mean the full range of software training, development courses, static educational assets (such as PDFs and other associated materials) that we offer through our Website and other online learning environments including but not limited to https://thrivecart.com including any services provided during an Online Course such as access to our video content and associated materials (Services).
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these Terms
Before you enrol for an Online Course, or otherwise engage with an Online Course, please carefully read these Terms. If you don’t agree to these Terms, please don’t enrol in an Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with an Online Course, you agree to be bound by these Terms.
1. Enrolling for the Online Course
a. By paying the Fees or otherwise accessing an Online Course (Course Enrolment) you represent and warrant that:
i. you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
ii. you are authorised to use the debit or credit card you provide for your Course Enrolment.
b. Enrolling in an Online Course constitutes your acceptance to enter into a contract with us under these Terms, where we will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
c. These Terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
2. ONLINE COURSES
2.1 ONLINE COURSE DELIVERY
a. Our Online Courses are designed to teach you (heterosexual men) about and develop your skillset relating broadly to online dating (of women.
b. Our Online Courses may be provided through a variety of mediums, depending on which course you choose. This may include video content, workbooks, one-on-one training sessions, resources and other learning materials.
c. Our Online Course materials will be accessible via https://thrivecart.com and/or via other online platforms.
d. We will endeavour to ensure that any Online Course provided will be substantially the same as the Online Course as described on our Website, social media or other marketing or promotional environments.
e. Once we have received payment of the Fees, you will be granted access to the Online Course selected at checkout.
2.2 LICENCE TO USE AN ONLINE COURSE
a. Your access to an Online Course will be valid for the lifetime of the course, from the date of your Course Enrolment. Most courses provided by Swipe Me Happy have zero limitations regarding lifetime access to course materials, unless the nature of the purchase requires the involvement of a member of staff from Swipe Me Happy (such as the “Online Profile Complete Revamp” or “Online Dating Profile Audit” products) whereby upon completion of our work, the commercial agreement will then be complete.
b. You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes during lifetime of the course.
c. We may revoke your licence granted in accordance with clause 2.2(b) if we suspect, for any reason, that you are misusing the licence. For example, we may revoke your licence if (without limitation) you:
i. distribute the Online Course to other people or sharing your login details with other people for the purpose of sharing the Online Course;
ii. make commercial use of or infringing our intellectual property rights in the Online Courses; or
iii. do not comply with these Terms.
d. In the event your license is revoked, these Terms will be terminated in accordance with clause 17 and you will not be entitled to a refund of the Fees.
3. PAYMENT
a. All Fees are:
i. as displayed and accepted by you at the time of checkout (Fees);
ii. in US Dollars; and
iii. subject to change without notice prior to your Course Enrolment.
b. (Payment obligations) You must pay the Fees in full at the time of your Course Enrolment or digital education or other service purchase from Swipe Me Happy.
c. (GST) Unless otherwise indicated, amounts stated on the Website include sales tax and/or GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
d. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
e. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Online Courses. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the Terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
f. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, purchase of services or other educational products, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course services or other educational products at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
4. DISCLAIMER
a. While our Online Courses, other educational products and services have been prepared with every effort to help you develop the relevant dating skills, any information provided as part of an Online Course is general in nature.
b. Our Online Courses do not take into account your personal circumstances. Many factors will be important in determining whether you achieve any actual results in relation to your dating skills, and ability to successfully date women, and there is no guarantee that you will be able to achieve any specific results within any timeframe, or at all.
5. COLLECTION NOTICE AND PRIVACY
a. We may collect personal information about you in the course of providing you with our Online Courses, other educational products and services to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, accessible here: https://swipemehappy.com/privacy
b. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
c. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
6. INTELLECTUAL PROPERTY
6.1 OUR IP
a. Intellectual Property Rights in an Online Course, other educational products and our Services and any other related information or materials (Materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
b. You will not under these Terms acquire Intellectual Property Rights in any of Our IP.
6.2 DEFINITIONS
For the purposes of this clause 6:
a. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
b. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
7. CHANGES TO YOUR COURSE ENROLMENT
7.1 CANCELLATION
Once we confirm your Course Enrolment, purchase of educational products or services from us, your purchase is binding and cannot be changed by you.
7.2 REFUNDS
a. Provided you have not accessed the Online Course, we will refund the Fees if you request a refund from us within 7 days of your Course Enrolment.
b. Due to the nature of the materials, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund.
c. Nothing in this clause 7 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
8. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
a. You may publish general information about what you have learnt from an Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in an Online Course.
b. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
9. DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
10. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
10.1 THIRD PARTY GOODS AND SERVICES
a. The Online Courses may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the Terms and conditions of those third parties. Your use of any Online Course is subject to any applicable third party Terms and conditions and you agree to familiarise yourself with all applicable third party Terms and conditions.
b. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of any Online Course or any issues experienced in Course Enrolment.
10.2 THIRD PARTY CONTENT
a. The Online Courses may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Courses (Third Party Content).
b. We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10.3 LINKS TO OTHER WEBSITES
a. Our Online Courses, educational materials and other services may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
b. Inclusion of any linked website on any Online Course does not imply our approval or endorsement of the linked website.
11. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Courses. You should take your own precautions to ensure that the process that you employ for accessing any Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.
12. REPORTING MISUSE
If you become aware of misuse of any Online Course, educational materials or services of Swipe Me Happy by any person, any errors in the material in any Online Course or any difficulty in accessing or using any Online Course, please contact us immediately using the contact details or form provided on our Website.
13. SERVICE LIMITATIONS
The Online Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
a. the Online Courses will be free from errors or defects;
b. the Online Courses will be accessible at all times;
c. information you receive or supply through the Online Courses will be secure or confidential; or
d. any information provided through the Online Courses is accurate or true.
14. NOTICES
a. A notice or other communication to a party under these Terms must be:
i. in writing and in English; and
ii. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of these Terms (Email Address). The parties may update their Email Address by notice to the other party.
b. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
i. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
ii. when replied to by the other party,whichever is earlier.
15. LIABILITY
a. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to an Online Course, the Website, the Services these Terms or any other educational materials, goods or services provided by us to the value of the Fees (if any) paid for an Online Course or other product or service. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
b. All express or implied representations and warranties in relation to an Online Course, the Website, the Services these Terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
c. Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
d. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
i. breach of any of these Terms;
ii. use of an Online Course, the Website, the Services or any other goods or services provided by us; or
iii. use of any other goods or services provided by us.
e. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Online Course, the Website or the Services, these Terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
16. DISPUTE RESOLUTION
a. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
b. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
c. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
17. TERMINATION
17.1 AUTOMATIC TERMINATION
Your licence and access to an Online Course, other educational materials or services provided by Swipe Me Happy will terminate automatically at the end of the course term (whether you have accessed the Online Course or not).
17.2 TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these Terms for convenience at any time by providing 7 days’ written notice to you.
17.3 TERMINATION FOR CAUSE
Either party may immediately terminate these Terms by written notice to the other party if:
a. the other party is in default or breach of these Terms;
b. the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these Terms;
c. the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
d. the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
17.4 EFFECT OF TERMINATION
Upon termination of these Terms:
a. your licence will be revoked and you will no longer have access to the Online Courses, other educational materials or materials arising from our services provided;
b. any Fees paid are non-refundable (except in accordance with clause 7.2); and
c. you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 6.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
17.5 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry.

18. GENERAL
18.1 GOVERNING LAW AND JURISDICTION
This policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Victoria, Australia and Australia and/or the laws of the Country in which a breach, dispute, or action arises, at the sole and unfettered discretion of Swipe Me Happy, and such laws shall be deemed to be the proper and applicable laws of this. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this policy.

Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:
1. such party is not subject to the jurisdiction of such Court;
2. such action is brought in an inconvenient forum;
3. the venue of such action is improper; or
4. any subject matter of such action may not be enforced in or by such Court;
and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.
18.2 WAIVER
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
18.3 SEVERANCE
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
18.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
18.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party. We can assign the rights or novate these Terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
18.6 COSTS
Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.
18.7 ENTIRE AGREEMENT
These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.
18.8 INTERPRETATION
a. (singular and plural) words in the singular includes the plural (and vice versa);
b. (gender) words indicating a gender includes the corresponding words of any other gender;
c. (defined Terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
e. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
f. (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
g. (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
h. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
i. (includes) the word “includes” and similar words in any form is not a word of limitation; and
j. (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.

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